Opinion
INDEX NO. 850047/2019
09-18-2019
JY'S ODE TO MURRRAY TEPPER L.P., Plaintiff, v. GARAGE 53 LLC, 1018 & 310 GARAGE LEASE CO. LLC,BANKUNITED, N.A., BOARD OF MANAGERS OF THE THREE TEN CONDOMINIUM, JOHN DOE # 1 THROUGH JOHN DOE #99 Defendant.
NYSCEF DOC. NO. 44 PRESENT: HON. ARLENE P. BLUTH Justice MOTION DATE N/A MOTION SEQ. NO. 001 DECISION + ORDER ON MOTION, ORDER OF REFERENCE The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 37, 38 were read on this motion to/for APPOINT - REFEREE.
The motion for summary judgment and the appointment of a referee is granted.
Plaintiff seeks to foreclose on the garage unit located at 310 East 53 Street in Manhattan. Plaintiff claims that defendants Garage 53, LLC and 1018 & 310 Garage Lease Co., LLC (the "Borrowers") executed a note for $2.45 million and that the Borrowers defaulted by failing to make a timely payment of all amounts due on the maturity date of the loan (December 10, 2018). In opposition, the Borrowers claim that plaintiff lacks standing and failed to meet its prima facie burden for summary judgment.
The Court grants the motion—plaintiff attached the note to the complaint (see NYSCEF Doc. No. 3). That is sufficient to establish plaintiff's standing to prosecute this action (see Bank of New York Mellon v Knowles, 151 AD3d 596, 596-97, 57 NYS3d 473 [1st Dept 2017]).
Accordingly, it is hereby
ORDERED that plaintiff's motion for summary judgment against defendants Garage 53 LLC and 1018 & 310 Garage Lease Co. LLC is granted and their answer (NYSCEF Doc. No. 12) and affirmative defenses are severed and dismissed and plaintiff is awarded a default judgment against non-appearing defendants; and it is further
ORDERED that Tom Kleinberger, Esq. 411 5 Ave, NY NY 10016 917-326-5523 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff for principal, interest and other disbursements advanced as provided for in the note and mortgage upon which this action is brought, and to examine whether the property 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 she/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 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 her/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 herself/himself or paying funds to him/herself 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 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 plaintiff's failure to move this litigation forward; and it further
ORDERED that the caption be amended to remove John Doe #1 through #99 and BankUnited, N.A., and the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JY'S ODE TO MURRRAY TEPPER L.P., Plaintiff,
v. GARAGE 53 LLC,1018 & 310 GARAGE LEASE CO. LLC, BOARD OF MANAGERS OF THE THREE TEN CONDOMINIUM 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; 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 of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein; and it is further
Next Conference: March 3, 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 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. 9/18/19
DATE
/s/ _________
ARLENE P. BLUTH, J.S.C.