Gustavia Home LLC v. Brown et al
| Gustavia Home LLC |
| Royston D. Brown, Constance R. Brown, Nationstar Mortgage LLC, Department of Housing Preservation and Development, City of New York Environmental Control Board, City of New York Department of Finance Parking Violations Bureau City Collector & Bronx Redemption Center and John Doe and Mary Doe |
| 1:2016cv09318 |
| December 2, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
93
MEMORANDUM OPINION AND ORDER re: 82 MOTION for Leave to File Pursuant to N.Y.R.P.A.P.L (RPAPL) § 1301(3) granting the Plaintiffs successor-in-interest leave to file an action seeking a monetary judgment against the Defendants for their default under the terms of the promissory n filed by WINDWARD BORA, LLC. The Court concludes that Windward Bora is collaterally estopped from arguing that there are "special circumstances" permitting the commencement of a suit against D efendants pursuant to N.Y. R.P.A.P.L Section 1301(3). Accordingly, Windward Bora's Motion for Leave must be and is DENIED. The Clerk of Court is directed to terminate ECF No. 82. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/23) (yv)
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Filing
86
ORDER: On May 8, 2023, Plaintiff's successor in interest filed a motion pursuant to N.Y. R.P.A.P.L. § 1301(3) seeking leave to file an action for a monetary judgment against the Defendants based their default of a promissory note. As Defendants have not appeared in this action, counsel for Plaintiff is directed to serve a copy of its motion, the supporting papers, and this Order on Defendants by May 11, 2023, and to file proof of service on the docket by May 12. Any opposition to Plaintiff's motion is due May 25, 2023. No reply is permitted without leave of Court. SO ORDERED. ( Responses due by 5/25/2023) (Signed by Judge Jesse M. Furman on 5/10/2023) (vfr)
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Filing
46
MEMORANDUM AND ORDER denying without prejudice 37 Motion to Dismiss; denying without prejudice 39 Motion for Sanctions. Therefore, Nationstar's motion to dismiss (Docket no. 37) and motion for sanctions (Docket no. 39) are denied without prejudice to a future application after Gustavia's motion to intervene and vacate the Judgment of Foreclosure and Sale in the state court action isresolved. Until that time, this action is stayed. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/15/2017) Copies Transmitted this Date By Chambers. (anc)
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