YORK COUNTY OF NEW YORK. RONY ILAN as assignee of and successor-in-interest to PROPERTY KNOWN AS AND LOCATED AT 468 WEST YORK STATE DEPARTMENT OF

Similar documents
Sample required format for Judgment of Foreclosure and Sale (with provisions for attorney s fee and additional allowance)

Defendants. UPON review of the Notice of Motion dated June 10, 2016, the attorney Affirmation

J.S.C X Index No.: DLJ MORTGAGE CAPITAL, INC.

The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee on behalf of

ORDER CONFIRMING v. JUDGMENT OF MICHAEL J. SMITH A/K/A MICHAEL SMITH, PIERINA FORECLOSURE AND FINANCE, NEW YORK STATE CHILD SUPPORT

HSBC Bank USA, N.A. v Rodney 2016 NY Slip Op 30761(U) April 12, 2016 Supreme Court, Queens County Docket Number: /2015 Judge: Robert J.

TRIAL/lAS, PART 8 THE BANK OF N. Y., as Trustee UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1995, SERIES Plaintiff( s)

FILED: NEW YORK COUNTY CLERK 01/29/ :17 AM INDEX NO /2014 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/29/2015

YORK CITY ENVIRONMENTAL CONTROL 272 VAN PELT AVENUE

Plaintiff, REFEREE TO COMPUTE LORIANN GAMBINO; MARIA MONTANINO; NEW Property Address: 267 WOODS OF

Quicken Loans Inc. v Diaz-Montez 2015 NY Slip Op 31285(U) March 13, 2015 Supreme Court, Queens County Docket Number: /2014 Judge: Robert J.

Wachovia Bank of Delaware, NA v Henderson 2015 NY Slip Op 31324(U) June 19, 2015 Supreme Court, Queens County Docket Number: 16701/2010 Judge: Robert

Tromba v Eastern Fed. Sav. Bank, FSB 2014 NY Slip Op 33869(U) November 21, 2014 Supreme Court, Suffolk County Docket Number: 15727/2014 Judge: Jerry

Atlas Union Corp. v 46 E. 82nd St. LLC 2018 NY Slip Op 33394(U) December 26, 2018 Supreme Court, New York County Docket Number: /2017 Judge:

FILED: KINGS COUNTY CLERK 04/18/ :11 PM

All other terms and conditions of the order dated July 11, 20J2 (a copy of which

FILED: RICHMOND COUNTY CLERK 06/03/ :22 PM INDEX NO /2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/03/2015

JPMorgan Chase Bank N.A. v Jacob 2016 NY Slip Op 32095(U) September 6, 2016 Supreme Court, Queens County Docket Number: 20755/2013 Judge: Robert J.

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

Session of HOUSE BILL No By Committee on Judiciary 2-1

11-15 St. Nicholas Ave. HDFC v Shaw 2018 NY Slip Op 32550(U) October 9, 2018 Supreme Court, New York County Docket Number: /16 Judge: Nancy M.

HOROWITZ LAW GROUP PLLC

Beneficial Homeowner Serv. Corp. v Gastaldo 2013 NY Slip Op 33027(U) December 3, 2013 Supreme Court, Richmond County Docket Number: /10 Judge:

GREATER ATLANTIC LEGAL SERVICES, INC.

HSBC Bank USA v Bhatti 2016 NY Slip Op 30167(U) January 29, 2016 Supreme Court, Queens County Docket Number: 21162/2013 Judge: Robert J.

OneWest Bank, FSB v Baccigaluppi 2014 NY Slip Op 33827(U) October 29, 2014 Supreme Court, Westchester County Docket Number: 60243/12 Judge: Mary H.

FILED: NEW YORK COUNTY CLERK 12/28/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/28/2016

FILED: NEW YORK COUNTY CLERK 06/14/ :52 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2016

Present: HON. JOHN W. BURKE Justice. Plaintiff, INDEX NO. 1209/01

You are hereby summoned to answer the complaint in this action and to serve a copy of

Case 1:10-cv FB-SMG Document 100 Filed 09/24/13 Page 1 of 11 PageID #: 2229

FILED: NEW YORK COUNTY CLERK 07/09/ :06 PM

Deutsche Bank Natl. Trust Co. v McLean-Chance 2013 NY Slip Op 32606(U) October 17, 2013 Supreme Court, Queens County Docket Number: 11828/2012 Judge:

NC General Statutes - Chapter 44A Article 2 1

GBL 78th St. LLC v Keita 2015 NY Slip Op 31367(U) July 23, 2015 Supreme Court, New York County Docket Number: /2013 Judge: Eileen A.

Defendants. This is an action for foreclosure of a first lien mortgage encumbering the single

FILED: NASSAU COUNTY CLERK 07/11/ :53 AM INDEX NO /2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/11/2018

NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME

U.S. Bank N.A. v Kowlessar 2018 NY Slip Op 33237(U) November 26, 2018 Supreme Court, Queens County Docket Number: /17 Judge: Darrell L.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PMT NPL FINANCING , STIPULATION

At an I.A.S. Submit Part Rm 315 of the. Supreme Court of the State of New York, held in and for the County of New York at

FILED: KINGS COUNTY CLERK 03/31/ /22/ :19 02:18 AM PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 03/31/2015

HSBC Bank USA v Murphy 2016 NY Slip Op 30850(U) May 3, 2016 Supreme Court, Queens County Docket Number: /2015 Judge: David Elliot Cases posted

Deutsche Bank Natl. Trust Co. v Unknown Heirs of the Estate of Souto 2016 NY Slip Op 31274(U) July 5, 2016 Supreme Court, New York County Docket

NC General Statutes - Chapter 43 Article 4 1

SEPARATION AGREEMENT

Defendants. of appearance, on the plaintiffs attorneys within 20 days after the service of this summons,

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ORDER FOR TEMPORARY APPOINTMENT OF KEEPER AND RECEIVER

FILED: NEW YORK COUNTY CLERK 09/30/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2016

Cogen Elec. Servs., Inc. v RGN - N.Y. IV, LLC 2016 NY Slip Op 31436(U) July 26, 2016 Supreme Court, New York County Docket Number: /2014 Judge:

Title 14: COURT PROCEDURE -- CIVIL

Case Document 1287 Filed in TXSB on 12/06/16 Page 1 of 5

Ditech Fin. LLC v Naidu 2016 NY Slip Op 32110(U) September 9, 2016 Supreme Court, Queens County Docket Number: /2016 Judge: Robert J.

FILED: ROCKLAND COUNTY CLERK 07/28/ :16 AM INDEX NO /2015 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/28/2017

SETTLEMENT AGREEMENT AND GENERAL RELEASE RECITALS

FILED: KINGS COUNTY CLERK 03/03/ :12 PM INDEX NO /2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 03/03/2017

IAS Part 54. IAS Part 54. WHEREAS, The Leon Waldman Discretionary Trust (the "Trust"), as plaintiff,

DEED OF TRUST W I T N E S S E T H:

NEW YORK SUPREME COURT - QUEENS COUNTY. x Index No /2008 OPTION ONE MORTGAGE CORPORATION. x Motion Seq. No. 1

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

)(

BAC Home Loans Servicing, LP v Douglin 2013 NY Slip Op 31398(U) June 28, 2013 Supreme Court, Queens County Docket Number: 18002/2010 Judge: Sidney F.

Titan Atlas Mfg., Inc. v Meier 2013 NY Slip Op 31486(U) July 8, 2013 Supreme Court, New York County Docket Number: /2013 Judge: Eileen A.

IN THE COURT OF APPEALS OF MARYLAND. This Court s Standing Committee on Rules of Practice and

Land Trust Agreement. Certification and Explanation. Schedule of Beneficial Interests

FINDINGS OF FACT. Majority Opinion >

mkv Doc 458 Filed 04/12/17 Entered 04/12/17 14:12:28 Main Document Pg 1 of 5 : : : : : : : )

Park Natl. Bank v Lops 2011 NY Slip Op 32505(U) September 16, 2011 Sup Ct, Nassau County Docket Number: Judge: Steven M. Jaeger Republished

Bank of New York Mellon v Olivero 2014 NY Slip Op 33483(U) December 9, 2014 Supreme Court, Suffolk County Docket Number: 29189/12 Judge: Arthur G.

JPMorgan Chase Bank, N.A. v Donovan 2016 NY Slip Op 30125(U) January 13, 2016 Supreme Court, Suffolk County Docket Number: Judge: Glenn A.

ADVENTUR CORP., S&K RENTAL PROPERTIES, LLC, ALLSTATE PROPERTIES, LLC, BERNCE LEMACK, ROBERT COHEN, EDITH COHEN MILLER,

COURT RULES OF THE HONORABLE RICHARD MOTT, J.S.C. 401 Union Street Columbia County Courthouse (Temporary)

Wells Fargo Bank, N.A. v Coulsting 2014 NY Slip Op 31637(U) March 27, 2014 Supreme Court, Suffolk County Docket Number: Judge: Joseph C.

Ganzevoort 69 Realty LLC v Laba 2014 NY Slip Op 30466(U) February 25, 2014 Supreme Court, New York County Docket Number: /2013 Judge: Eileen A.

ORDER TO SHOW. NYCTL TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for CAUSE

FILED: NEW YORK COUNTY CLERK 07/06/ :19 PM INDEX NO /2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 07/06/2017

FILED: NEW YORK COUNTY CLERK 07/18/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2016

SECOND SUPPLEMENTAL TRUST INDENTURE

WASHINGTON COUNTY CIRCUIT COURT CIVIL PROCEDURES (Revised June, 2012)

NOTICE OF MOTION FOR AN ORDER APPROVING SALE AGREEMENT FOR CERTAIN PROPERTY OF HAMMOND INDUSTRIAL OUTLOTS, LLC

Upon reading and filing the affirmation of Lawrence E. Tofel, sworn to on the 5th

Household Fin. Realty Corp. of N.Y. v Gangitano 2016 NY Slip Op 30013(U) January 5, 2016 Supreme Court, Suffolk County Docket Number:

GREATER ATLANTIC LEGAL SERVICES, INC.

MUNICIPAL CLAIM AND TAX LIEN LAW - OMNIBUS AMENDMENTS Act of Aug. 14, 2003, P.L. 83, No. 20 Session of 2003 No

Flushing Bank v Executor of the Estate of David Diamond 2015 NY Slip Op 31655(U) September 1, 2015 Supreme Court, Richmond County Docket Number:

LEGAL NOTICE NOTICE OF CLASS ACTION IN ORDER TO RECEIVE A REFUND AS PART OF THIS CLASS ACTION SETTLEMENT, YOU ARE REQUIRED TO SUBMIT A WRITTEN CLAIM.

CONSTRUCTION LICENSE AGREEMENT

Fifty E. Forty Second Co., LLC v 21st Century Offs. Inc NY Slip Op 32933(U) November 20, 2018 Supreme Court, New York County Docket Number:

NOTICE TO COUNTY CLERK AMENDMENT TO CAPTION

Board of Mgrs. of the 200 Chambers St. Condominium v Braverman 2016 NY Slip Op 31888(U) September 12, 2016 Supreme Court, New York County Docket

Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.

FILED: RICHMOND COUNTY CLERK 12/04/ :43 AM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2015

Bank of N.Y. Mellon v Dutan 2016 NY Slip Op 32101(U) September 20, 2016 Supreme Court, Queens County Docket Number: 33708/2009 Judge: Robert J.

FILED: RICHMOND COUNTY CLERK 02/16/ :38 PM INDEX NO /2015 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018

Citimortgage, Inc. v Sirota 2013 NY Slip Op 31659(U) July 22, 2013 Supreme Court, Queens County Docket Number: 12243/2011 Judge: Allan B.

Case bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12

Black Swan Consulting LLC v Featherstone Inv. Group 2015 NY Slip Op 30298(U) March 3, 2015 Supreme Court, New York County Docket Number: /2014

RESTATED BY LAWS OF W. E. HOMEOWNER S ASSOCIATION, INC. ARTICLE I. OFFICES ARTICLE II. DEFINITIONS

FILED: KINGS COUNTY CLERK 07/17/ :52 PM INDEX NO /2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017

Transcription:

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.