Golden Bridge LLC v Mei Zhen Liu

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Golden Bridge LLC v Mei Zhen Liu 2021 NY Slip Op 30023(U) January 5, 2021 Supreme Court, Kings County Docket Number: 503750/20 Judge: Lawrence S. Knipel 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] KINGS COUNTY CLERK 01/06/2021 03:39 PM NYSCEF DOC. NO. 28 INDEX NO. 503750/2020 RECEIVED NYSCEF: 01/06/2021 At an !AS Term, Part Comm 6 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 5th day of January, 2021. PRE SENT: HON. LAWRENCE KNIPEL, Justice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X GOLDEN BRIDGE LLC D/B/ A GOLDEN BRIDGE FUNDING, LLC, Plaintiff, against - Index No. 503750/20 MEI ZHEN LIU, Bi FENG ZHOU, FA MING LIU, DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT, JOHN DOE # 1-# 50, JANEDOE #!-#50, THELASTTWONAMES BEING FICTJT[J]OUS, IT BEING INTENDED TO NAME ALL OTHER PARTIES WHO MAY fIAVE SOME INTEREST IN OR LIEN UPON THE PREMISES DESCRIBED IN THE COMPLAINT, Defendants. -- - - -- - - - - -- -- - - - - -- - - - - -- -- - - -- - -X The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Sl1ow Cause/ Petition/Cross Motion and Affidavits (Affirmations) Annexed._ _ __ 19-26 Upon the foreg_oing papers in this action to foreclose a 1nortgage on the commercial property at 8789 17th Avenue in Brooklyn (Block 6433, Lot 30) (the Brooklyn Property), plaintiff Golden Bridge LLC d/b/a Golden Bridge Funding, LLC (Golden Bridge) moves (in motion sequence [mot. seq.] two) for an order granting it leave to renew, pursuant to CPLR 2221 (e) (2), and, upon renewal: (!) granting it a default judgment as to liability as against defendants Mei Zhen Liu, Bi Feng Zhou, Fa 1 of 4 [*FILED: 2] KINGS COUNTY CLERK 01/06/2021 03:39 PM NYSCEF DOC. NO. 28 INDEX NO. 503750/2020 RECEIVED NYSCEF: 01/06/2021 tn con1pute the an1ount due and O\Ying and to report whether the Property can be sold iI1 parcels. pursuant to RPAl)L. 1321. Bacf(gro1111tl ()n January 7, 2019, Golden Bridge co1n1nenced a co1n1nercial foreclosure action in Queens Supren1e Court, against the sa1ne n1ortgagor defendants now na111ed in this case, ror an alleged de!ault in 111aki11g pay1ncnts to it on an $800,000.00 consolidation, extension and modification agreement (CEMA) secured by both a Queens property at 1641 200 Street in Bayside (Block 5779, Lot 47) (the Queens Property) and the Brooklyn Pr()per!y. 'f'he Queens JJrt)pcrty alone had initially secured a $400.000.00 1nortgage and note 10 Golden Bridge and thereafter the $800,000,QO CEMA, which had been secured by .]ust the Brookl)'ll Property, also becan1e secured by the Queens Property through a Spreader Agrecnient. 1 Golden Bridge chose only to involve the Quee11s Prope11)' in the Queens Supretnc ('.ourt co1nrhercial foreclosure action. On t:'ebruary 14. 2020, 13 1nonths after co1n1nencing the Queens Supre1ne Court co1n111ercial fOreclosure action, Golden Bridge commenced this foreclosure action against the Brooklyn Property for an alleged default in principal payments under the $400,000.00 111ortgagc and note l1ecause the loan 1natured on March 2: 2019. Golden Bridge declared the anll)unt O\ving under that n1ortgagc and note i1nmediately due and payable, and that De!i:'ndants Mei Zhen l.ju and Bi Feng Zhou, ow11ers of the Brooklyn Property, and defendant Fa Ming Liu (one of !he owners of the Queens Prope11y, who owns it together with Bi Feng Zhou) all signed the Spreader Agreement, which spread the $800,000 lien previously placed on the Brooklyn Property to the Queens Property as \Veil. ln other words, all owners of both properties agreed and executed tl1c Spreader Agreen1ent n1ean1ng that the two properties cross~collateralized both 111ortgages. 1 2 2 of 4 [*FILED: 3] KINGS COUNTY CLERK 01/06/2021 03:39 PM NYSCEF DOC. NO. 28 INDEX NO. 503750/2020 RECEIVED NYSCEF: 01/06/2021 the Spreader Agreement (see n I) allowed both the Brooklyn Property and the Queens l)roperty to secure that 1nortgagc and note. cf'hc record reflects that Golden Bridge served defendants with process in this foreclosure action on February 18, 19, 20, 21 and 24, 2020. None of the defendants ans\vered ()r other\vise responded to the co1nplaint. ()n Scptc1nber 24. 2020. Golden Bridge filed a 1notion (in 1not. seq. one) for a dctilult judg1ncn1 as against the nonappcaring defendants and for an order of reference hased solely 011 an att()rney affirmation. By a November 13, 2020 decision and order, this court denied (Jolden l3ridge's 1notion 1,vith leave to renew upon submission 01· proper papers. 'l'his C()Urt held that "Golden Bridge fails to inalce out a pri1na facie case by subn1itting ad1nissible evidence fro1n so1neone \.Vith personal knowledge to establish 111ortgagor defendants' default." CJo!den Bridge no\.v seeks to rene\v its prior 1notion for a default judg1nent as to liabilit)' against the 111ortgagor defendants regarding the I3rooklyn Property and the a11point1ncnt of a referee to co1npute and to exa1nine and report \\'hether the Brooklyn Property can be sold in parcels. n1ortgHge. subn1its tl1e aflirn1atit>n Golden Bridge, along with copies of the note and (Jf Stephen l. l~'cder, Esq., the authorized signatory for Golden I3ridge and its ·~transactional attorney," to establish defendants' pay1nent default. Discussion !\ 1notion pursuant to CPi,R 222 l to rene\v ·'1nttst be ( 1) based upon ne\v facts not offered on the 11rior lll<)tion tl1at would change the prior detennination, and (2) set fortl1 a reasonable justification for the failure to present such facts on tl1e prior 1notion" (Matter 3 3 of 4 [*FILED: 4] KINGS COUNTY CLERK 01/06/2021 03:39 PM NYSCEF DOC. NO. 28 INDEX NO. 503750/2020 RECEIVED NYSCEF: 01/06/2021 of Nelson v Allstate Ins. Co., 73 AD3d 929, 929 [2010]). Here, this court previously granted GQ!den Bridge lea\1e to renew and directed that it do so based on admissible evidence of defendants' default fro1n so1neone with personal knowledge. (icnerally. to establish prin1a f'acie entitle1nent to judg1nent as a 1natter of law in an action to J'orcclose a n1ortgage, a plai11titT 1nust produce the 1nortgage, the unpaid note, and evidence of default (see Deutsche Bank Natl. Trust Co. v Karibandi, 188 AD3d 650, 2020 NY Slip Op 06244. *I [2d Dept 2020]; Christiana Trust v Mane/a, 186 AD3d 1604, l 605 [2d Dept 2020/; Deutsche Bank Trust Co. Ams. v Garrison, 147 AD3d 725, 726 [2d Dept 2017]). Here, Golden Bridge has established a prima facie case by producing the note. the 111ortgage and tl1e }-:'edcr affir1nation, which constitutes ad1nissible evidence of defendant~· payn1ent dcf~1ult. Accordingly, it is ORDERED that Golden Bridge's 1notion (ii11not. seq. two) for leave to renew is granted, and, upon re11evvaL Golden Bridge's 1not_ion for a default judgment against derendants and cin order of reference is granted vvithout opposition. Golden Bridge shall settle an order of reference on notice; and it is further ORDERED that counsel for Golden Bridge is directed to serve a copy of this decision and order t)ll all parties included in the caption and all parties previous])' listed on thi.;: second page t)fthe notice of111otic)n herein. crhis constitutes the decision and order of the court. ENTER ~ 4 4 of 4 Justice Lawrence Knipt'.l

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