CIT Bank, N.A. v. Neris et al
| CIT Bank, N.A. |
| Ramon Neris, New York City Environmental Control Board, New York City Parking Violations Bureau and New York City Department of Housing Preservation & Development |
| 1:2018cv01511 |
| February 20, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Victor Marrero |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
84
ORDER GRANTING DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE: Accordingly, it is herebyORDERED, ADJUDGED AND DECREED, the Plaintiff's motion is granted; and it is further ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded default j udgment against the Defendants, New York City Environmental Control Board, New York City Parking Violations Bureau, and New York City Department of Housing Preservation and Development, pursuant to Fed. R. Civ. P. 55(b)(2); and it is further ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded a Judgment of Foreclosure and Sale against the Defendants pursuant to RPAPL § 1351; and it is further ORDERED, ADJUDGED AND DECREED, that Judgment of Foreclosure and Sale is in the amount of � 36;713,476.95 as of February 28, 2022 with an unpaid principal balance of $613,452.36 as of February 28, 2022, with contractual interest at the rate of 3.000 percent which results in a per diem rate of $35.24 until entry of this order an d the statutory rate thereafter and it is further ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR §8003(b), absent application to the court, further court order, and compliance with Part 36 of the Rules of the Chief Judge, the Referee shal l not demand, accept or receive more than the statutory amount of five hundred dollars ($500.00) otherwise payable to the Referee for the foreclosure sale stage, regardless of adjournment, delay or stay of the sale; and it is further ORDERED, ADJUDGED AND DECREED that the property be sold by the Referee, in accordance with RPAPL §1351(1); that the date of the judgment is deemed the date it is entered; and that if the Referee cannot conduct the sale within 90 days of the date of th e judgment, in accordance with Fed. R. Civ. P. §6(b), the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 9/13/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
78
CLERK'S JUDGMENT re: 77 Order in favor of CIT Bank, N.A. against Ramon Neris in the amount of $717,295.65. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated June 2, 2022, Plaintiff CIT Bank, N.A. ("CIT Bank") is entitled to judgment in foreclosure for amounts due and owing under the Note, Mortgage, and Loan Modification Agreement at issue in this action relating to the property at 64 Clinton Place, Bronx, New York 10453 ("Property"), which shall be sold to satisfy the outstanding debt of defendant Ramon Neris ("Neris") to CIT Bank regarding the Property. Judgment is entered in favor of CIT Bank in the following amounts to be paid from the sale of the Property, with any unpaid amounts to be due and owing from Neris: Unpaid principal in the amount: $613,452.36; Interest in the amount from May 1, 2017 through February 28, 2022, at 3% per annum: $62,042 .85; Unpaid escrow advances in the amount of: $38,452.64; and Additional interest in the amount of $35.24 per day from February 29, 2022, through the date of entry of judgment, in the amount of $3,347.80; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/2/2022) (Attachments: # 1 Right to Appeal) (km)
|
|
Filing
74
ORDER: The final pretrial conference in this matter is hereby scheduled for February 11, at 12:00 a.m. The parties are reminded that any motions in limine must be fully briefed by February 14, 2022. SO ORDERED. (Final Pretrial Conference set for 2/11/2022 at 12:00 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 2/7/2022) (js)
|
|
Filing
70
ORDER: Accordingly, it is hereby ORDERED that the non-jury trial in this matter is hereby scheduled to commence on February 28, 2022. In accordance with the Court's Individual Practices, the parties have filed a proposed pre-trial order, which the Court granted on August 13, 2021. (Dkt. No. 68.) Should the parties wish to further amend the pre-trial order, they must do so on or before January 28, 2022. SO Ordered. (Signed by Judge Victor Marrero on 10/25/2021) (js)
|
|
Filing
69
ORDER: By order dated May 10, 2021, the Court scheduled a nonjury trial in this matter to commence on September 13, 2021. (Dkt. No. 65.) In light of the ongoing public health emergency, and the parties' nonconsent to proceed via remote mea ns, the Court now adjourns the previously scheduled trial. Accordingly, it is hereby ORDERED that the non-jury trial in this matter is hereby scheduled to commence on December 20, 2021. In accordance with the Court's Individual Practices, th e parties have filed a proposed pre-trial order, which the Court granted on August 13, 2021. (Dkt. No. 68.) Should the parties wish to further amend the pre-trial order, they must do so on or before November 20, 2021. SO ORDERED. ( Pretrial Order due by 11/20/2021.) (Signed by Judge Victor Marrero on 8/17/2021) (vfr)
|
|
Filing
65
ORDER: Accordingly, it is hereby ORDERED that the non-jury trial in this matter previously scheduled to commence on August 9, 2021, shall now be held before Judge Victor Marrero beginning on September 13, 2021. The parties' deadline to submit a proposed joint pre-trial order is likewise adjourned from June 25, 2021 to on or before August 12, 2021. So Ordered. (Pretrial Order due by 8/12/2021.) (Signed by Judge Victor Marrero on 5/10/2021) (js)
|
|
Filing
64
ORDER: By letter dated February 5, 2021, Plaintiff in the above- captioned matter indicated that it believed the action was stayed through February 27, 2021 under the New York COVID-19 Emergency Eviction & Foreclosure Prevention Act. (See Dkt. No. 61.) Plaintiff further indicated that, after expiration of the stay, it intended to resume prosecution of the matter via non-jury trial. (Id.) By letter dated February 9, 2021, Counsel for defendant Ramon Neris joined Plaintiff's unders tanding regarding the stay. (See Dkt. No. 63.) The stay having now expired, it is hereby ORDERED that a non-jury trial in this matter shall be held before Judge Victor Marrero commencing on August 9, 2021. The parties are hereby directed to submit a proposed joint pre-trial order on or before June 25, 2021. So Ordered (Proposed joint Pretrial Order due by 6/25/2021.) (Signed by Judge Victor Marrero on 3/8/2021) (js)
|
|
Filing
60
ORDER: Accordingly, it is hereby ORDERED that the above-named Plaintiff shall file an updated status report within three (3) days of the date of this Order, concerning the status of this action and its contemplation with regard to any further proceedings. In the event no timely response to this Order is submitted, the Court may dismiss the action without further notice for lack of prosecution. So Ordered (Signed by Judge Victor Marrero on 2/3/2021) (js)
|
|
Filing
57
ORDER: Accordingly, it is hereby ordered that plaintiff is directed to inform the Court by August 13, 2020 of the status of the matter and whether any further litigation with respect to the action is contemplated. In the event the Court receives no response to this Order by the date indicated, the case may be dismissed for lack of prosecution. So Ordered. (Signed by Judge Victor Marrero on 7/14/2020) (js)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
