CIT Bank, N.A. v O'Hara

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CIT Bank, N.A. v O'Hara 2019 NY Slip Op 31077(U) April 15, 2019 Supreme Court, New York County Docket Number: 850377/2015 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 04/17/2019 03:13 PM NYSCEF DOC. NO. 74 INDEX NO. 850377/2015 RECEIVED NYSCEF: 04/17/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice --------------------------------------------------------------------------------X CIT BANK, N.A., INDEX NO. 850377/2015 MOTION DATE N/A MOTION SEQ. NO. 002 Plaintiff, -vMARIAN O'HARA, BOARD OF MANAGERS OF THE PARC VENDOME CONDOMINIUM, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, JOHN DOE #1 through JOHN DOE #12, DECISION AND ORDER Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 50, 51, 52, 53, 54, 55, 56,57,58, 59,60,61,62,63,64,65,66,67,68,69, 72 JUDGMENT-SUMMARY were read on this motion to/for Upon the Summons, Complaint, and Notice of Pendency filed in this action on December 4, 2015, the Notice of Motion dated April 6, 2018, together with all the papers filed in support of the motion and the exhibits annexed thereto, and all prior papers filed in this action and prior proceedings had herein; and Upon proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices; And it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 340 West 57th Street, Unit 9-E, New York, NY 10019, it is hereby ORDERED that the branch of plaintiffs motion for summary judgment against defendants Marian O'Hara and defendant the Board of Managers of the Pac Vendome Condominium and the branch of the motion for a default judgment against the remaining defendants is granted without opposition; and it is further Page 1of4 850377/2015 CIT BANK, N.A., vs. O'HARA, MARIANS. Motion No. 002 1 of 4 [*FILED: 2] NEW YORK COUNTY CLERK 04/17/2019 03:13 PM NYSCEF DOC. NO. 74 INDEX NO. 850377/2015 RECEIVED NYSCEF: 04/17/2019 ORDERED that the counterclaims asserted by defendant O'Hara are severed and dismissed; and it is further Referee in accordance with RP APL § 1321 to compute the amount due to Plaintiff for principal, interest and other disbursements advanced as provided for in the note and mortgage upon which this action is brought, and to examine whether the mortgaged property can be sold in parcels; and it is further ORDERED that the Referee may take testimony pursuant to RP APL § 1321; and it is further ORDERED that by accepting this appointment the Referee certifies that she/he is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of $350 shall be paid to the Referee for the computation of the amount due and upon the filing of her/his report and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(b ); and it is further; ORDERED that the Referee is prohibited from accepting or retaining any funds for Page 2 of 4 850377/2015 CIT BANK, N.A., vs. O'HARA, MARIANS. Motion No. 002 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 04/17/2019 03:13 PM NYSCEF DOC. NO. 74 INDEX NO. 850377/2015 RECEIVED NYSCEF: 04/17/2019 herself/himself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED that plaintiff shall forward all necessary documents to the Referee within 30 days of the date of this order and shall promptly respond to every inquiry made by the referee (promptly means within two business days); and it is further ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale within 30 days of receipt of the referee's report; and it is further ORDERED that if plaintiff fails to meet these deadlines, then the Court may sua sponte vacate this order and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interest depending on.whether the delays are due to plaintiff's failure to move this litigation forward; and it further ORDERED that the caption be amended to remove John Doe #1 through John Doe #12 as defendants; and it is further ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( CIT BANK, N.A., Plaintiff, v. MARIAN O'HARA, BOARD OF MANAGERS OF THE PARC VENDOME CONDOMINIUM, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant( s). ----------------------------------------------------------------)( and it is further Page 3 of 4 850377/2015 CIT BANK, N.A., vs. O'HARA, MARIANS. Motion No. 002 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 04/17/2019 03:13 PM NYSCEF DOC. NO. 74 INDEX NO. 850377/2015 RECEIVED NYSCEF: 04/17/2019 ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the parties being removed; and it is further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address (ww.nycourts.gov/supctmanh)]. ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties wdtiA.~ :;2.o J°/ '· ~ «"'e.,...-- and persons entitled to notice, including the Referee appointed herein ~~g:e'Q.fl:~~~~~~"' be-1 '" v i o v-Ju Jo NV S CeE_ . Next Conference: July 30, 2019 @2:15 p.m. If plaintiff has moved for a judgment of foreclosure and sale before the conference, then plaintiff can seek an adjournment. Please consult the part's rules for information about how to obtain an adjournment. An appearance is required if a motion for a JFS has not been made; counsel appearing for plaintiff must c explain the delay or interest may be tolled. CHECK ONE: CASE DISPOSED GRANTED D NON-FINAL D1s'f.: DENIED 1~N ARLIENE f?. BLPJTH GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 850377/2015 CIT BANK, N.A., vs. O'HARA, MARIANS. Motion No. 002 D D OTHER REFERENCE Page 4 of4 4 of 4

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