UFP Atlantic Division, LLC v. Route 299 Retail Center, LLC et al
| UFP Atlantic Division, LLC |
| Route 299 Retail Center, LLC, Michael Barnett and Denise Barnett |
| 1:2012cv00053 |
| January 11, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| XX US, Outside State |
| Andrew T. Baxter |
| Mae A. D'Agostino |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
122
AMENDED MEMORANDUM-DECISION AND ORDER re 110 Memorandum-Decision and Order re 105 Motion to Confirm: The Court hereby ORDERS that, as set forth in the Court's July 2, 2014 Memorandum-Decision and Order, Plaintiff's motion to confirm t he Referee's Report of Sale is GRANTED; and the Court furtherORDERS that Plaintiff's motion for leave to file a deficiency judgment is GRANTED; and the Court further ORDERS that, pursuant to New York Real Property Actions and Proceedings La w § 1371, Plaintiff is granted leave to enter a deficiency judgment against Defendants Route 299 Retail Center, LLC, and Highland Square Development, LLC, in the amount of $2,840,458.15with interest thereon from July 30, 2013, and Plaintiff shall have execution therefor; and the Court further ORDERS that, pursuant to New York Real Property Actions and Proceedings Law § 1371, the amount of the deficiency against Michael Barnett and Denise Barnett is set in the amount of $2,840 ,458.15 based on a pre-bankruptcy debt that is subject to discharge inbankruptcy (In re Barnetts, S.D.N.Y. Bankr. 12-37991 cgm), and is set as to Michael Barnett and Denise Barnett solely to determine the deficiency amount due as to Plaintiff's right to file and be paid on its unsecured proof of claim in the bankruptcy pursuant to the bankruptcy court's February 21, 2013; and the Court further ORDERS that the Clerk of the Court shall enter Judgment against Defendants Route 299 Retail Center, LLC and Highland Square Development, LLC, in the amount of $2,840,458.15 with interest thereon from July 30, 2013. Signed by U.S. District Judge Mae A. D'Agostino on 12/17/14. (ban)
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Filing
117
MEMORANDUM-DECISION AND ORDER granting 105 Motion Motion to confirm the Referee's Report of Sale and motion for leave to file a deficiency judgment: The Court hereby ORDERS that, as set forth in the Court's July 2, 2014 Memorandum-Decis ion and Order, Plaintiff's motion to confirm the Referee's Report of Sale is GRANTED; and the Court further ORDERS that Plaintiff's motion for leave to file a deficiency judgment is GRANTED; and the Court further ORDERS that, pursuant to New York Real Property Actions and Proceedings Law § 1371, Plaintiff is granted leave to enter a deficiency judgment against Defendants Route 299 Retail Center, LLC, Highland Square Development, LLC, Michael Barnett, and Denise Barnett, in the amount of $2,840,458.15 with interest thereon from July 30, 2013, and Plaintiff shall have execution therefor. Signed by U.S. District Judge Mae A. D'Agostino on 10/8/14. [copy served on all non-ecf parties] (ban)
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Filing
110
MEMORANDUM-DECISION AND ORDER granting 105 Motion to confirm the Referee's Report of Sale and Staying 105 Plaintiff's motion for leave to file a deficiency judgment: The Court hereby ORDERS that Plaintiff's motion to confirm the Referee's Report of Sale is GRANTED; and the Court further ORDERS that Plaintiff's motion for leave to file a deficiency judgment is STAYED; andthe Court further ORDERS that if Plaintiff fails to submit evidence establishing the fair market value of the property within thirty (30) days of this Memorandum-Decision and Order, Plaintiff's motion will be denied and dismissed without further order of this Court. Signed by U.S. District Judge Mae A. D'Agostino on 7/2/14. (ban)
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Filing
80
MEMORANDUM-DECISION AND ORDER granting 75 Motion for Entry of Default: ORDERS that Plaintiff's motion for default judgment is GRANTED; and the Courtfurther ORDERS that Defendant M&C, and all persons claiming by, through, or under it subsequen t to the filing of the notice of pendency of this action, are forever barred and foreclosed of all estate, right, claim, interest, lien, title or equity of redemption in, of, and to the mortgaged premises being foreclosed herein, and each and every p art and parcel thereof; and the Courtfurther ORDERS that Plaintiff shall serve a copy of this Memorandum-Decision and Order on Defendant M&C by Certified Mail, Return Receipt Requested, and file the returned receipt using the Court's electronic filing system.IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 3/18/13. (ban)
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