Onewest Bank, N.A. v. O'Sullivan et al
| Onewest Bank, N.A. |
| Citibank NA, John Doe, Filomena O'Sullivan and John O'Sullivan |
| Filomena O'Sullivan and John O'Sullivan |
| Onewest Bank, N.A. |
| 2:2014cv05966 |
| October 13, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| Defendant |
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Filing
58
MEMORANDUM OF DECISION & ORDER - For the reasons stated above, the Court grants the Plaintiff's 54 motion in its entirety. This action is hereby voluntarily dismissed pursuant to FED. R. CIV. P. 41. The Clerk of the Court is respectfully dire cted to vacate the Judgment of Foreclosure and Sale. Furthermore, the County Clerk of Nassau County is directed, upon the payment of proper fees, if any, to cancel and discharge the Notice of Pendency filed in this action on October 21, 2014 at Liber 2007, Page 133 and any predecessor filing, against the Property, Section 43, Block 327, Lot 48 & 49, also known as 40 West Windsor Parkway a/k/a Windsor Parkway, Oceanside, New York 11572, pursuant to N.Y. C.P.L.R. § 6514, and said County Clerk is directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. Finally, the Referee is hereby relieved and discharged of any and all obligations pursuant to the Judgment of Foreclosure and Sale. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 11/9/2017. c/m to pro se defts. (Coleman, Laurie)
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Filing
43
MEMORANDUM OF DECISION AND ORDER granting 32 Motion for Default Judgment; granting 32 Motion for Summary Judgment; denying 37 Motion for Summary Judgment; Based on the foregoing, the Court grants summary judgment in favor of the Plaintiff CI T Bank, N.A. and dismisses with prejudice the affirmative defenses and counterclaim of the Defendants John OSullivan and Filomena OSullivan. Further, the Court grants the Banks motion for a default judgment against Citibank. Finally, the Court denies the cross-motion by the Homeowners for summary judgment in their favor, and also denies the Homeowners motion for sanctions against the Bank in its entirety. Within 30 days of the date of this Order, the Bank shall submit, on notice, a proposed judgment of foreclosure and sale consistent with this opinion. So Ordered by Judge Arthur D. Spatt on 5/10/2016. cm by cm/ecf. (Coleman, Laurie)
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