Bil-Man Asset Mgt. LLC v M & T 99 Lafayette Inc.

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Bil-Man Asset Mgt. LLC v M & T 99 Lafayette Inc. 2019 NY Slip Op 33608(U) December 9, 2019 Supreme Court, New York County Docket Number: 850007/2019 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 12/09/2019 04:19 PM NYSCEF DOC. NO. 83 INDEX NO. 850007/2019 RECEIVED NYSCEF: 12/09/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON.ARLENEP.BLUTH IAS MOTION 32 Justice --------------------------------------------------------------------------------X BIL-MAN ASSET MANAGEMENT LLC, Plaintiff, INDEX NO. MOTION DATE MOTION SEQ. NO. 850007/2019 12/04/2019 001 -vM & T 99 LAFAYETTE INC.,MIRANDA Q. LI, RACHAEL LEE, SUK CHING CHAN, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, 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 001) 44, 45, 46, 47, 48, 49,50,51,52,53, 54,55,56,57,58,59,60,61,62,63,64,65,66,67,68,69, 70, 71, 72, 73, 74,75, 76, 77, 78, 79, 80 were read on this motion to/for JUDGMENT-SUMMARY Upon the foregoing documents, it is ORDERED that the motion by plaintiff for summary judgment is granted and the answer and affirmative defenses of defendants M & T 99 Lafayette and Miranda Q. Li are severed and dismissed; and it is further ORDERED that plaintiff is awarded a default judgment against the non-appearing 1 &of 850007/2019 BIL-MAN ASSET MANAGEMENT LLC vs. M T 995LAFAYETTE INC. Mntinn Nn~ 001 Page 1of5 [*FILED: 2] NEW YORK COUNTY CLERK 12/09/2019 04:19 PM NYSCEF DOC. NO. 83 INDEX NO. 850007/2019 RECEIVED NYSCEF: 12/09/2019 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 ORDERED that the Referee shall hold no hearing and take no testimony or evidence other than by written submission; the Court is the ultimate arbiter and the Referee's report is merely an advisory finding; 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 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 8Q03(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 and to defendants who have appeared in this case 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 of 850007/2019 BIL-MAN ASSET MANAGEMENT LLC vs. M2& T 99 5 LAFAYETTE INC. Page 2 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 12/09/2019 04:19 PM NYSCEF DOC. NO. 83 INDEX NO. 850007/2019 RECEIVED NYSCEF: 12/09/2019 ORDERED that if defendant(s) have objections, they must submit them to the referee within 14 days of the mailing of plaintiffs submissions; and include these objections to the Court if opposing the motion for a judgment of foreclosure and sale; and it is further ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of objections before the Court on an application for a judgment of foreclosure and sale; 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 plaintiffs failure to move this litigation forward; and it further ORDERED that the John Doe defendants are removed from the caption, C&I Associates is substituted for John Doe 1 and C&I Limited is substituted for John Doe 2, (the Court declines to amend the caption to reflect John Doe refused name for John Does 3-7 as judgment cannot be entered against a John Doe); and it is further ORDEREDthat the caption shall read as follows: 850007/2019 BIL-MAN ASSET MANAGEMENT LLC vs. M & T 99 LAFAYETTE INC. Motion No. 001 3 of 5 · Page 3 of 5 . [*FILED: 4] NEW YORK COUNTY CLERK 12/09/2019 04:19 PM NYSCEF DOC. NO. 83 INDEX NO. 850007/2019 RECEIVED NYSCEF: 12/09/2019 / SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( BIL-MAN ASSET MANAGEMENT LLC, Plaintiff, v. M & T 99 LAFAYETTE INC.,MIRANDA Q. LI, RACHAEL LEE, SUK CHING CHAN, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, C&I ASSOCIATES, C&I LIMITED, 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 substituted and 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 Plaintiff shall serve a copy bf this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. · Next Conference: April 28 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 850007/2019 BIL-MAN ASSET MANAGEMENT LLC vs. M & T 99 LAFAYETTE INC. Motion No. 001 4 of 5 Page 4 of 5 [*FILED: 5] NEW YORK COUNTY CLERK 12/09/2019 04:19 PM NYSCEF DOC. NO. 83 INDEX NO. 850007/2019 RECEIVED NYSCEF: 12/09/2019 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. CHECK ONE: ::::~~~OSED [:=J NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES FIDUCIARY APPOINTMENT TRANSFFR/RFASSl(.;N 850~07/2019 BIL-MAN ASSET MANAGEMENT LLC vs. M & T 99 LAFAYETTE INC. Motion No. 001 r 5 of 5 D D OTHER REFERENCE Page 5 of 5

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