Santander Bank, N.A. v Capri N.Y. Ltd.

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Santander Bank, N.A. v Capri N.Y. Ltd. 2020 NY Slip Op 32314(U) July 14, 2020 Supreme Court, New York County Docket Number: 150412/2019 Judge: Debra A. James 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 07/15/2020 05:01 PM INDEX NO. 150412/2019 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/15/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY Justice ________________________________________________~-----------------------X SANTANDER lAS MOTION 59EFM PART HaN. DEBRA A. JAMES PRESENT: 150412/2019 INDEX NO. BANK, N.A., 11/07/2019 MOTION DATE Plaintiff, 001 MOTION SEQ. NO. 1 - vDECISION + ORDER ON MOTION CAPRI NEW YORK LTD. and MARCO PI POLO, Defendants. ----------------------------------------------------------------------------- X The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17, 18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33, 34, 35, 36, 37, 38, 39,40,41 were read on this motion for JUDGMENT - SUMMARY ORDER Upon the foregoing ORDERED against herein is granted is directed defendants in the sum of $ and rate, as calculated disbursements appropriate 150412/2019 on the Clerk of in favor of plaintiff 103.434.27 , with as taxed by on this motion, the Clerk upon interest 20, 2018, and thereafter by the Clerk, together and at with costs submission of an bill of costs; and it is further ORDERED interests that judgment per annum from the date of December the date of the decision the statutory for summary to the extent to enter judgment at the rate of 17.5% until it is that the 'plaintiff's motion the complaint the Court documents, that the foreclosure in all of the Borrower's SANTANDER BANK, N.A. VS. of assets CAPRI NEW YORK LTD. AND Motion No. 001 1 of 4 plaintiff's security and personal property Page 1 of 4 [*FILED: 2] NEW YORK COUNTY CLERK 07/15/2020 05:01 PM INDEX NO. 150412/2019 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/15/2020 (Collateral), ~, in accordance is directed; officers, assigns, representatives and participation moving, selling, with assigning, ORDERED possession to inventory, such defendants are enjoined secreting are directed of collateral, equipment, in active from or otherwise and it is further that defendants to plaintiff and all other persons transferring, of the Collateral; employees, agents, their and defendants concert disposing of DCC ~ 9-101 et and it is further that ORDERED with the ~equisites machinery, to assemble including fixtures and deliver but not limited and furnishings, or ( in the alternative, a reasonably make such Collateral convenient ORDERED, should the time and place; the defendants possession of application of the plaintiff, Collateral seizure as to the Collateral surrendered directing Sheriff and and/or defendants Marshal, break delivered defendants to fail to assemble the plaintiff, the court shall by the appropriate search upon further an order of l or so much thereof which has not been defendants legal to plaintiff, to the Marshal, authority, and as aforesaid, and/or any other appropriate and at and deliver issue , fails to turn over to Collateral enter to plaintiff and, it is further to turn over the Collateral other Sheriff, open, available if that the legai authoEity for the Collateral and/or the may proceeds thereof at 777 Third Avenue, New York, New York 10017 , or wherever 150412/2019 SANTANDER BANK, N.A. vs. CAPRI NEW YORK LTD. AND Motion No. 001 2 of 4 Page 2 of4 [*FILED: 3] NEW YORK COUNTY CLERK 07/15/2020 05:01 PM INDEX NO. 150412/2019 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/15/2020 such Collateral within and/or the proceeds thereof may be located whether or with the State of New York; and it is further ORDERED attorney's and ADJUDGED that the issue of reasonable fees to be assessed LTD and MARCO against PIPOLO is severed, for determination and that within pursuant defendants CAPRI NEW YORK shall continue, CPLR 3215 and is referred (b) to a Special Referee 60 days from the date of this Order the plaintiff shall cause a copy of this order with notice including proof Referee clerk of service pursuant ORDERED to arrange to CPLR 4317 and ADJUDGED Clerk is directed ELECTRIC to be filed with the Special (Room 119M, 646-386-3028 spref@courts.state.ny.us) determine thereof, and DANIEL MCGOVERN aforementioned a date for a reference that pursuant Referee to CPLR 3215 to (b) the in favor of plaintiff defendants in accordance Special or (b); and it is further to enter judgment CORP. and against of entry, MCGOVERN & COMPANY, with the report without MSQ LLC of the any further application. DECISION Plaintiff and guaranty. brings Defendants and the only defense summary this action upon an unpaid judgment motion according 150412/2019 SANTANDER Motion No. 001 the execution they raise on plaintiff's intend to be personally unavailing do not dispute is that the individual bound. promissory note of same pre-discovery defendant 'did not The court finds that argument the express terms of the instruments. BANK, N.A. vs. CAPRI NEW YORK LTD. AND 3 of 4 See Page 30f4 [*FILED: 4] NEW YORK COUNTY CLERK 07/15/2020 05:01 PM NYSCEF DOC. NO. 44 Abele Tractor INDEX NO. 150412/2019 RECEIVED NYSCEF: 07/15/2020 Equipment Co., Inc. v Trustco Bank Corp., 167 AD3d 1256 {3d Dept. 2018). ;1D~RA I..,.JAMis,• -:1.i.t . 07/14/2020 DATE CHECK ONE: CASE DISPOSED GRANTED APPLICATION: CHECK IF APPROPRIATE: 150412/2019 SANTANDER Motion No. 001 SETTLE ~ D ~ DENIED ORDER INCLUDES NON-FINAL GRANTED SUBMIT TRANSFER/REASSIGN BANK, N.A. VS. CAPRI NEW YORK LTD. AND 4 of 4 DISPOSITION IN PART ORDER FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 4 of4

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