One West Bank, FSB v. Davi et al
| One West Bank, FSB |
| Ballston Spa National Bank, Lara M. Davi and John Doe No. 1 through John Doe No. 10 |
| 1:2013cv01055 |
| August 27, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Randolph F. Treece |
| Frederick J. Scullin |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
25
JUDGMENT: It is ORDERED and ADJUDGED that Plaintiff's Motion for Summary Judgment with respect to liability is GRANTED. It is further ORDERED that Plaintiff's Motion to Dismiss this action, without prejudice, against Defendants John Doe No. 1 through John Doe No. 10 is GRANTED. It is further ORDERED that the sum due to Plaintiff, for unpaid principal interest, assignment recording, late charges and advances, as of November 5, 2014, in the amount of $171,435.46; legal fees in the amount of $3,500.00; reimbursement of disbursements incurred in the action in the amount of $1,311.35; statutory costs of the action and such additional sums from November 5, 2014 to the conclusion of this action. (nmk)
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Filing
18
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 16 Motion for Summary Judgment with respect to liability is GRANTED. The Court further ORDERS that this matter is referred to Magistrate Judge Treece to conduct any pro ceedings necessary to ascertain and compute the amounts due Plaintiff under the mortgage being foreclosed in this action and, if necessary, to examine and report whether the mortgaged property can be sold in one or more parcels and to submit a report -recommendation to this Court for its review. The Court further ORDERS that Plaintiff's # 16 motion to strike Defendant Davi's answer is DENIED. The Court further ORDERS that Plaintiff's # 16 motion to amend the caption is DENIED; however, Plaintiff's # 16 motion to dismiss this action, without prejudice, against Defendants John Doe No. 1 through John Doe No. 10 is GRANTED. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/30/2014. (nmk)
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