Capital One, National Association v. 48-52 Franklin, LLC et al
||Creative Habitats, Inc., CM & Associates Construction, The New York City Bureau of Highway Operations, 48-52 Franklin, LLC and Marshall Weisman
||Capital One, National Association
||April 27, 2012
||New York Southern District Court
||Foley Square Office
||XX Out of State
||Barbara S. Jones
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|August 21, 2013
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Motion for Judgment filed by Capital One, National Association, 38 Motion to Vacate, Motion to Dismiss/Lack of Jurisdiction filed by 48-52 Franklin, LLC, Marshall Weisman, 45 Report and Recommend ations. The Court adopts Magistrate Judge Foxs Report in its entirety. The Clerk of Court is directed to close the motions at Dkt. Nos. 18 and 38. The Defendant shall answer or otherwise respond to the Complaint by September 4, 2013. The parties shall appear for a status conference at 11:10 a.m. on September 5, 2013. (Signed by Judge Lorna G. Schofield on 08/21/2013) (jcs)
|April 8, 2014
OPINION AND ORDER re: 53 MOTION for Summary Judgment filed by Capital One, National Association: For the reasons discussed above, Plaintiff's motion for partial summary judgment on its claim for Foreclosure of Mortgage is GRANTED. The Court (1 ) enters a final judgment of foreclosure and sale; (2) finds that the amount owed as of October 31, 2013, under the Mortgages, is $1,747,482.17; (3) finds that interest at 9% per annum continued to accrue from November 1, 2013; and (4) awar ds Plaintiff attorneys' fees and legal costs in the amounts of $52,770.92 and $2,076.19, respectively. The parties shall appear for a conference on April 15, 2014, at 11:30 AM. Counsel are directed to confer with each other prior to t he conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. In accordance with the Court's individual rules, the parties shall file on ECF a Proposed Civil Case Management Plan and Sche duling Order, no later than April 10, 2014. The parties shall use this Court's form of order available at the Court's website (http://www.nysd.uscourts.gov/judge/Schofield). The Clerk of Court is directed to close the motion at docket number 53. (Signed by Judge Lorna G. Schofield on 4/8/2014) (tn)
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