Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, v. Riverview Assets LLC
| Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, |
| Riverview Assets LLC |
| 1:2020cv05379 |
| July 13, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/20/2020) (nb)
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| Set/Reset Deadlines: Riverview Assets LLC answer due 10/15/2020. (nb) |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to answer the complaint addressed to Judge Mary Kay Vyskocil from Aviva Francis for the Defendant dated August 20, 2020. Document filed by Riverview Assets LLC..(Francis, Aviva) |
| Filing 14 NOTICE OF LIS PENDENS. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Rinaldi, Maximiliano) |
| Filing 13 OATH of William C. Colucci, Esq., Receiver . Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,. (Attachments: #1 Receiver's Bond).(Brandofino, Keith) |
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Filing 12
CONSENT ORDER APPOINTING RECEIVER: THIS MATTER is before the Court by virtue of the Stipulation Consenting to Appointment of a Receiver (the "Stipulation"), dated July 20, 2020 and executed by and between counsel for plaintiff Wilmington Trust, National Association, as Trustee, for the Benefit of theHolders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates ("Plaintiff") and defendant Riverview Assets LLC ("Borrower"). Upon review of the Stipulation and the Complaint for, inter alia, appointment of a receiver (the "Complaint"), for good cause shown, and with the consent of the parties, the Court FINDS as follows: That the Complaint against Borrower demonstrates grounds for the appointment of a receiver of the Borrower's Assets (as defined below) pertaining to certain real property located at 150 Broadway, Menands, New York 12204, more particularly described in Exhibit 1 annexed hereto, and improved by a building of approximately 977,780 square feet of retail, warehouse and office space known as the Riverview Center (the "Property"), and that immediate and irreparable injury may result in the event a receiver is not appointed; That Borrower has signed the Stipulation, pursuant to which they consent to the appointment of a receiver herein; IT IS HEREBY ORDERED that William C. Colucci (Fiduciary Number 238250) ("Receiver"), of Pyramid Brokerage Company (the "Property Manager"), maintaining an office at 5786 Widewaters Parkway, Syracuse, New York 13214, (315) 445-1030, be and hereby is appointed as the receiver of the Borrowers Assets (as defined herein). IT IS FURTHER ORDERED that: The Receiver is authorized to engage the Property Manager pursuant to a property management agreement, and to pay to the Receiver and the Property Manager fees as set forth on Exhibit 2 attached hereto and incorporated herein, which fees shall be deemed a Project Expense (as defined below). The Property Manager shall maintain errors and omissions insurance coverage of not less than $1,000,000.00 during the term of the receivership created by this Order and shall indemnify Borrower for any claims brought against Borrower as a result of the Property Manager's negligence as determined by a court of competent jurisdiction with respect to claims covered under the Property Manager's errors and omissions policy; And as set forth herein. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/27/2020) (ama)
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| Filing 11 PROPOSED CONSENT ORDER. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Brandofino, Keith) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,. (Attachments: #1 Exhibit Proposed Consent Order Appointing Receiver).(Brandofino, Keith) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Riverview Assets LLC waiver sent on 7/14/2020, answer due 9/14/2020. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Brandofino, Keith) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Riverview Assets LLC..(jgo) |
| Filing 7 NOTICE OF APPEARANCE by Aviva Francis on behalf of Riverview Assets LLC..(Francis, Aviva) |
| Filing 6 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Mignardi, David) |
| Filing 5 NOTICE OF APPEARANCE by Maximiliano Rinaldi on behalf of Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Rinaldi, Maximiliano) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Riverview Assets LLC, re: #1 Complaint,. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Brandofino, Keith) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wilmington Trust, National Association, Corporate Parent M&T Bank Corporation for Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,. Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Brandofino, Keith) |
| Filing 2 CIVIL COVER SHEET filed..(Brandofino, Keith) |
| Filing 1 COMPLAINT against Riverview Assets LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20661702)Document filed by Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates,..(Brandofino, Keith) |
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| Plaintiff: Wilmington Trust, National Association, As Trustee, for the Benefit of the Holders of COMM 2015-PC1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, | |
| Represented By: | Keith Michael Brandofino |
| Represented By: | Maximiliano Rinaldi |
| Represented By: | David Vincent Mignardi |
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| Defendant: Riverview Assets LLC | |
| Represented By: | Aviva Francis |
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