Opinion
114693/05.
September 26, 2007.
ORDER
Plaintiff Joseph I. Rosenzweig having moved this Court for an order granting him summary judgment and entering a judgment of foreclosure and sale against Defendant, together with costs and attorneys' fees, on his claim to foreclose on two mortgage loans made to Defendant, striking Defendant's first, second and third affirmative defenses, dismissing Defendant's first and second counterclaims and striking Defendant's request for an award of punitive damages against Plaintiff;
Now, upon the reading and filing of the Notice of Motion, dated January 4, 2006, the affidavit of Plaintiff Joseph I. Rosen-zweig, sworn to December 20, 2005, the affidavit of Marc E. Elliott, sworn to January 4, 2004, the affidavit of Defendant Radiah H. Givens, sworn to January 13, 2006, the affidavit of Barbara H. Katsos, sworn to January 13, 2006, and the affidavit of Plaintiff Joseph I. Rosenzweig sworn to January 18, 2006, and the matter having been duly submitted to the Court, and the Court having had due consideration thereof, and the Court having rendered a decision in writing, a copy of which is annexed hereto, dated July 11, 2007, in favor of plaintiff Joseph I. Rosenzweig and against Defendant, and the Court having granted Plaintiff's motion in its entirety,
Now, upon motion of Marc E. Elliott, P.C., attorneys for the Plaintiff, it is hereby
ORDERED that Plaintiff Joseph I Rosenzweig is hereby granted summary judgment on his claim to foreclose on two mortgage loans made to Defendant, and it is further
ORDERED that Defendant's first, second and third affirmative defenses are hereby stricken and dismissed; and it is further
ORDERED THAT "JANE DOE JOHN DOE" 1-5 ARE DROPPED AS DEFENDANTS TO THIS ACTION AND THE CAPTION IS SO AMENDED AND THE CLERK SHALL MARK HIS RECORDS ACCORDINGLY UPON SERVICE OF A COPY OF THIS ORDER WITH NOTICE OF ENTRY AND IT IS FURTHER
ORDERED that Defendant's first and second counterclaims are hereby dismissed; and it is further ORDERED that Defendant's request for an award of punitive damages against Plaintiff is hereby stricken and dismissed; and it is further
ORDERED that Carl Nisotsky,Esq., with an office at 112 Madison Ave. New York, Ny 212-685-7100 is hereby appointed Referee to ascertain and compute the amount due to Plaintiff herein for principal, interest, water and sewer rents, if any, insurance premiums, if any, advances to protect the lien of the subject mortgage and any other charges due upon or secured by the bond or note and mortgage mentioned in the Complaint and to examine whether the mortgaged premises can be sold in one parcel, and to report to this Court with all convenient speed.