Avant Capital 2035 Adam Clayton Powell Jr Blvd LLC v Genesis Holding LLC

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Avant Capital 2035 Adam Clayton Powell Jr Blvd LLC v Genesis Holding LLC 2019 NY Slip Op 33086(U) October 16, 2019 Supreme Court, New York County Docket Number: 850220/2018 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 10/16/2019 04:22 PM NYSCEF DOC. NO. 96 INDEX NO. 850220/2018 RECEIVED NYSCEF: 10/16/2019 \,. SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ) PRESENT: PART HON. ARLENE P. BLUTH IAS MOTION 32 Justice ---------------------------------------------------------------------------------X AVANT CAPITAL 2035 ADAM CLAYTON POWELL JR BLVD LLC, INDEX NO. MOTION DATE 850220/2018 10/08/2019 MOTION SEQ. NO. Plaintiff, · 003 -vGENESIS HOLDING LLC,EMMANUEL KU, NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, SEAN KU, JOHN DOE #1 THROUGH JOHN DOE #12, DECISION + ORDER ON MOTION, ORDER OF REFERENCE Defendant. ---------------~-----------------~-----------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 003) 69, 70, 71, 72, 73, 74,75,76,77,78,79,80,81, 82,83,84,85,86, 87, 88,89, 90, 91, 92, 93, 94,95 JUDGMENT - DEFAULT were read on this motion to/for Upon the foregoing documents, it is ORDERED that the motion by plaintiff for a default judgment against all non-appearing defendants is granted; and it is further ·. . that lY\M lL (Y! {/~ ~Sj with address of \YU Jeri:- Ne r;, ,k 1JJ A· ~'/ N'j l Dls4t1rebf~;p.;;!17cfRefe~:i~ ORDERED fil) accordance with RP APL § 1321 to compute the amount due to Plaintiff and to .examine whether the tax parcel can be sold in parcels; and it is further ORDERED that the Referee may take testimony pursuant to RPAPL § 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 Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) .("Limitations on 850220/2018 AVANT CAPITAL 2035 ADAM vs. GENESIS HOLDING LLC. Motion No. 003 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/16/2019 04:22 PM NYSCEF DOC. NO. 96 INDEX NO. 850220/2018 RECEIVED NYSCEF: 10/16/2019 appointments based upon compensation"), and, if the Referee is disqualified from receiving an app?intment 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 with Part 36 of .the Rules of the Chief himself or paying funds to himself without compliance . Administrative Judge; and it is further 0 RD ERED 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 mo.ve 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 the John Doe defendants shall be removed from this action and the caption shall read as follows: 850220/2018 AVANT CAPITAL 2035 ADAM vs. GENESIS HOLDING LLC Motion No. 003 2 of 4 Page 2 of 4 J [*FILED: 3] NEW YORK COUNTY CLERK 10/16/2019 04:22 PM NYSCEF DOC. NO. 96 INDEX NO. 850220/2018 RECEIVED NYSCEF: 10/16/2019 ' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( AVANT CAPITAL 2035 ADAM CLAYTON POWELL JR BLVD LLC, Plaintiff, v. GENESIS HOLDING LLC,EMMANUEL KU, NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, SEAN KU, 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 Protocolon 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 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. Next Conference: March 24, 2020 @2:15 p.m. If a motion for judgment of fo~eclosure and sale has been filed, plaintiff may seek an adjo.urnment of the conference. ]:>lease consult this 850220/2018 AVANT CAPITAL 2035 ADAM vs. GENESIS HOLDING LLC Motion No. 003 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 10/16/2019 04:22 PM NYSCEF DOC. NO. 96 INDEX NO. 850220/2018 RECEIVED NYSCEF: 10/16/2019 part's rules for information on how to obtain an adjournment. If a motion has been made, then a conference is required to explore the reasons for the delay. ~i \\~\ 11 ·.,.,...-..~RM~ ~"BLUTH DATE CHECK ONE: CASE DISPOSED GRANTED' APPLICATION: CHECK IF APPROPRIATE: SETTLE ORDER D DENIED . INCLUDES TRANSFER/REASSIGN 850220/2018 AVANT CAPITAL 2035 ADAM vs. GENESIS HOLDING LLC Motion No. 003 4 of 4 GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT ./ D OTHER D REFERENCE Page 4 of 4

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