NYCTL 2019-A Trust v 196 E. 7th St. LLC

Annotate this Case

Download PDF

NYCTL 2019-A Trust v 196 E. 7th St. LLC 2021 NY Slip Op 30103(U) January 13, 2021 Supreme Court, New York County Docket Number: 158758/2020 Judge: Lyle E. Frank 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. [* 1] INDEX NO. 158758/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/13/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. LYLE E. FRANK IAS MOTION 52EFM Justice ---------------------------------------------------------------X NYCTL 2019-A TRUST, AND THE BANK OF NEW YORK MELLON AS COLLATERAL AGENT AND CUSTODIAN FOR THE NYCTL 2019-A TRUST, INDEX NO. MOTION DATE 158758/2020 01/08/2021 MOTION SEQ. NO. _ _ _0_0_1_ _ Plaintiff, -v196 EAST ?TH STREET LLC,NEWYORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE CITY OF NEWYORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, JOHN DOE NO. 1 THROUGH JOHN DOE NO. 100 AMENDED DECISION + ORDER ON MOTION Defendant. --------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 11 , 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 were read on this motion to/for APPOINT - REFEREE Upon the foregoing documents, it is ORDERED that the motion for a default judgment and to appoint a referee is granted without opposition; and it is further ORDERED that Mark McKew with an address of 1725 York Ave Suite 29A New York, NY 10128, telephone number 212-876-6783, is hereby appointed Referee in accordance with RP APL § 13 21 to compute the amount due to Plaintiff and to examine whether the tax parcel can be sold in parcels; and it is further 0 RD ERED that the Referee may take testimony pursuant to RP APL § 13 21 ; 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 158758/2020 Motion No. 001 Page 1 of4 1 of 4 [* 2] INDEX NO. 158758/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/13/2021 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 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 ofreceipt 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 "John Doe No. I" through "John Doe. No. 100" be removed as party defendants in this action and the caption of this action be amended to reflect the removal of these Page 2 of 4 158758/2020 Motion No. 001 2 of 4 [* 3] INDEX NO. 158758/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/13/2021 defendants; 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 2019-A TRUST, THE BANK OF NEW YORK MELLON AS COLLATERAL AGENT AND CUSTODIAN FOR THE NYCTL 2019-A TRUST, Plaintiff, v. 196 EAST 7TH STREET LLC,NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, 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)]. 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. 158758/2020 Motion No. 001 Page 3 of4 3 of 4 [* 4] INDEX NO. 158758/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/13/2021 1/13/2021 DATE CHECK ONE: LYLE E. FRANK, J.S.C. CASE DISPOSED GRANTED D NON-FINALDISPOSITIM O N . DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 158758/2020 Motion No. 001 LYLE E. FRANK D D OTHER REFERENCE Page 4 of 4 4 of 4 J.S.C.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.