Christiana Trust v McDuffey

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Christiana Trust v McDuffey 2019 NY Slip Op 31787(U) June 18, 2019 Supreme Court, New York County Docket Number: 850025/2016 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. [* 1] INDEX NO. 850025/2016 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 06/19/2019 \ SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice --------------------------------------------------------------------------------X INDEX NO. CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB NOT IT ITS INDIVIDUAL CAPACITY BUT SOLELY AS SHAP R TRUSTEE, Plaintiff, 850025/2016 MOTION DATE N/A MOTION SEQ. NO. 003 -vDORIS MCDUFFEY, AS ADMINISTRATOR AND HEIR TO THE ESTATE OF RUTH ADAMS, DARRYL ADAMS AS HEIR TO THE ESTATE OF RUTH ADAMS, TENNILE ADAMS AS HEIR TO THE ESTASTE OF LAMONTE TROY ADAMS WHO WAS HEIR TO THE ESTATE OF RUTH ADAMS, TROI J. ADAMS AS HEIR TO THE ESTATE OF LAMONTE TROY ADAMS WHO WAS HEIR TO THE ESTATE OF RUTH ADAMS, NYDIRA ADAMS AS HEIR TO THE ESTATE OF LAMONTE TROY ADAMS WHO WAS HEIR TO THE ESTATE OF RUTH ADAMS, LEXYE ADAMS AS HEIR TO THE ESTATE OF LAMONTE TROY ADAMS WHO WAS HEIR TO THE ESATE OF RUTH ADAMS, LORENZO SCOTT-ADAMS A/KIA LORENZO SCOTT-WALLACE AS HEIR TO THE ESTATE OF LAMONTE TROY ADAMS WHO WAS HEIR TO THE ESTATE OF RUTH ADAMS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF AMERICA, 0/8/0 INTERNAL REVENUE SERVICE, JOHN DOE, JANE DOE DECISION AND ORDER OF REFERENCE Defendant. -----------------·--------------------'--------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 003) 60, 61, 62, 63, 64, 65,66,67,68,69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 JUDGMENT-SUMMARY were read on this motion to/for Upon the Notice of Motion dated November 20, 2017, 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 114 West l 30th Street, New York, NY 10027 it is hereby 850025/2016 CHRISTIANA TRUST, A DIVISION vs. DORIS MCDUFFEY AS Motion No. 003 · 1 of 4 Page 1of4 [* 2] INDEX NO. 850025/2016 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 06/19/2019 ORDERED that the branch of plaintiffs motion for summary judg~ent is granted without opposition and the answer (NYSCEF Doc. No. 17), any affirmative defenses and counterclaims of the Estate of Ruth Adams (a former party) are severed and dismissed; and it is further ORDERED that the branch of plaintiffs motion for a default judgment in favor of plaintiff against all non-appearing defendants is granted; and it is further ORDEREDthat N~ /Jj I DO l J &oWk /t~Jif{nl GI{~ -f '7/C[ - Joo ~t Lf2.}J(~ 1 ll£"-~ yj 2-o is hereby appointed 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 fodge (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 850025/2016 CHRISTIANA TRUST, A DIVISION Motion No. 003 vs. DORIS MCDUFFEY AS 2 of 4 Page 2 of 4 [* 3] INDEX NO. 850025/2016 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 06/19/2019 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 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 i~quiry 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 ofreceipt 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 plaintiffs failure to move this litigation forward; and it further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties. and persons entitled to notice, including the Referee appointed herein; and it is further Next Conference: November 26, 2019 at 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 850025/2016 CHRISTIANA TRUST, A DIVISION vs. DORIS MCDUFFEY AS Motion No. 003 · 3 of 4 Page 3 of 4 [* 4] INDEX NO. 850025/2016 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 06/19/2019 required if a motion for a JFS has not been made; counsel appearing for plaintiff must come prepared to explain the delay or interest may be tolled. P. BLUTH, J.S.C. CHECK ONE: CASE DISPOSED GRANTED. D . NON-FINAH DENIED GRANTED IN PART ~LENE P. BLUTH APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 4 MCDUFFEY of 4 850025/2016 CHRISTIANA TRUST, A DIVISION vs. DORIS AS D D OTHER REFERENCE . Page 4 of 4

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