Gustavia Home, LLC v. Cudjoe et al
| Gustavia Home, LLC |
| City of New York Environmental Control Board, Keston Cudjoe and John Doe "1" through "12" |
| 1:2016cv03992 |
| July 18, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 191 Bank Foreclosure |
| None |
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Filing
57
ORDER ADOPTING, IN PART, 55 REPORT AND RECOMMENDATIONS for 54 Plaintiff's Motion for Entry of Judgment under Rule 54(b) --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, upon due consideration of the meticulously t horough and astutely well reasoned Report and Recommendation ("R&R") issued on June 24, 2022 by the Hon. Marcia M. Henry, U.S.M.J., and finding no clear error, the R&R is adopted nearly in its entirety and is modified only to the ext ent that Plaintiff's motion for entry of a deficiency judgment is denied with prejudice. Accordingly: (1) the Referee's Report of Sale is amended as set forth in the R&R and in light of the Courts endorsement of the Amended Judgment of Foreclosure and Sale nunc pro tunc to March 30, 2020; (2) Plaintiff's motion to confirm the Referee's Report of Sale is granted subject to aforesaid amendments to the Referee's Report of Sale; and (3) Plaintiff's motion for entry of a deficiency judgment is denied with prejudice. The Referee is directed to make disbursements of funds in accordance with the Referee's Schedule of Computation annexed to the Referee's Report of Sale as hereby amended, except to the extent that it purports to set forth an actual amount of deficiency owed, which is disallowed. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and close this case. SO ORDERED by Judge Dora Lizette Irizarry on 9/27/2022. (Irizarry, Dora)
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