NYCTL 2018-A Trust v Green Tea Inc.

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NYCTL 2018-A Trust v Green Tea Inc. 2019 NY Slip Op 32970(U) October 7, 2019 Supreme Court, New York County Docket Number: 152487/2019 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 10/08/2019 12:54 PM NYSCEF DOC. NO. 23 INDEX NO. 152487/2019 RECEIVED NYSCEF: 10/08/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice ---------------------------------------------------------------------------------X NYCTL 2018-A TRUST AND THE BANK OF NEW YORK MELLON AS COLLATERAL AGENT AND CUSTODIAN, INDEX NO. MOTION DATE MOTION SEQ. NO. Plaintiffs, 152487/2019 10/03/2019 001 -vGREEN TEA INCORPORATED AS TRUSTEE OF THE CAMELLIA IRREVOCABLE TRUST DATED JUNE 27, 2000 FOR THE BENEFIT OF YOUNG KANG CHOU AS ORIGINAL BENEFICIARY AND HERBERT CHOU AS SUCCESSOR BENEFICIARY, THE BOARD OF . MANAGERS OF THE 152 FRANKLIN STREET CONDOMINIUM, JOHN DOE, THE NAMES OF THE LAST 100 DEFENDANTS BEING UNKNOWN TO PLAINTIFF, IT BEING INTENDED TO DESIGNATE FEE OWNERS, TENANTS OR OCCUPANTS OF THE TAX LIEN PREMISES AND/OR PERSONS OR PARTIES HAVING OR CLAIMING AN INTEREST IN OR A LIEN UPON THE SUBJECT PROPERTY, LIENORS, CREDITORS AND SUCCESSORS IN INTEREST OF THEM, AND GENERALLY ALL PERSONS HAVING OR CLAIMING UNDER, BY, THROUGH, OR AGAINST THE SAID DEFENDANTS NAMED AS A CLASS, DECISION + ORDER ON MOTION, ORDER OF REFERENCE Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22 were read on this motion to/for Upon the foregoing documen~s, APPOINT - REFEREE it is ORDERED thatthe motion for a default judgment and to appoint a referee is granted without opposition; and it is further ORDERED that Joseph Buono with an address of 804 Route 9, Suite 4, Fishkill, NY 12524, (845) 765-1050 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and to examine whether the tax parcel can be sold in parcels; and it is further 152487/2019 NYCTL 2018-A TRUST AND THE vs. GREEN TEA INCORPORATED AS Motion No. 001 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/08/2019 12:54 PM NYSCEF DOC. NO. 23 INDEX NO. 152487/2019 RECEIVED NYSCEF: 10/08/2019 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 he is in compliance with Part 36 of the Rules of the Chief Judg~ (22 NYCRR Part 36), including, but not lim!ted 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 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 himself or paying funds to himself 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 0 RD ERED 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 ord,er of reference and the Court may 152487/2019 NYCTL 2018-A TRUST AND THE vs. GREEN TEA INCORPORATED AS Motion No. 001 \ 2 of 4 Page 2 of 4. [*FILED: 3] NEW YORK COUNTY CLERK 10/08/2019 12:54 PM INDEX NO. 152487/2019 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/08/2019 sua sponte toll interest depending on whether the delays are due to plaintiffs failure to move this litigation forward; and it further ORDERED that the John Doe defendants be removed from the caption; and it is further ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( NYCTL 2018-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN, \ Plaintiffs, v. '. GREEN TEA INCORPORATED AS TRUSTEE OF THE CAMELLIA IRREVOCABLE TRUST DATED. JUNE 27, 2000 FOR THE BENEFIT OF YOUNG KANG CHOU AS ORIGINAL BENEFICIARY AND HERBERT CHOU AS SUCCESSOR BENEFICIARY, THE BOARD OF MANAGERS OF THE 152 FRANKLIN STREET CONDOMINIUM Defendant( s). ----------------------------------------------------------------)( and it is further 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 pursuant hereto; 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)]; and it is further ORDERED that Plaintif(shall serve a copy of this Order with notice of entry on all parties 3 of 152487/201~ NYCTL 2018-A TRUST AND THE vs. GREEN TEA 4 INCORPORATED AS Motion No. 001 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 10/08/2019 12:54 PM NYSCEF DOC. NO. 23 INDEX NO. 152487/2019 RECEIVED NYSCEF: 10/08/2019 and persons entitled to notice, including the Referee appointed herein. Next Conference: March 24, 2020 @ 2: 15 p.m. If a motion for judgment of foreclosure and sale has been filed, plaintiff may seek an adjournment of the conference. Please consult this part's rules for information on how to obt~in an adjournment. If a motion has been made, then a conference is required to explore the reasons for the delay. I ;o-7~17 DATE CHECK ONE: CASE DISPOSED GRANTED D - . DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN · ~ ARLENE P. BLUTH, J.S.C. UTH NON-FINAL~P~tl~RLENE RBL ·. GRANTED IN PART FIDUCIARY APPOINTMENT 152487/2019 NYCTL 2018-A TRUST AND THE vs. GREEN TEA INCORPORATED AS Motion No. 001 4 of 4 ' SUBMIT ORDER D D OTHER - . . REFERENCE Page 4 of 4 .

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