U.S. Bank Trust, N.A. v. Toney et al
| U.S. Bank Trust, N.A. |
| New York City Environmental Control Board, New York City Parking Violations Bureau, Gloria Toney and Alonzo Wingate |
| 1:2017cv05516 |
| September 20, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| None |
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Filing
27
ORDER granting 24 Motion to Vacate. For the reasons set forth in the attached Order, the Court grants Plaintiff's motion and vacates the Judgment of Foreclosure and Sale entered on August 16, 2018. The Referee is discharged and relieved of a ny and all obligations and requirements thereunder. Pursuant to N.Y. C.P.L.R. § 6514(a), the County Clerk of Queens County is directed, upon payment of proper fees, if any, to cancel and discharge the Notice of Pendency filed in the Office of t he Clerk of the County of Queens on September 27, 2017 and in this Court on October 4, 2017, and said Clerk is directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. The Clerk of Court is directed to vacate the Judgment of Foreclosure and Sale and to close this case. Ordered by Judge Margo K. Brodie on 8/12/2019. (Morel, Christopher)
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Filing
20
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: The Court has reviewed the unopposed R&R and, finding no clear error, adopts the R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Court grants Plaintiff's motio n and enters default judgment against Defendants, awards Plaintiff damages against Defendants Toney and Wingate in the amount of $636,524.96 plus $59.42 for each day from March 24, 2018 until judgment is entered. The Court also orders foreclosure and sale of the Property, and appoints Stephanie S. Holdstone, Esq., as referee. Ordered by Judge Margo K. Brodie on 8/15/2018. (Morel, Christopher)
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