Wells Fargo Bank, National Association v. Bronx 741-743 Hunts Point Avenue L.P. et al
| Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1 and Wells Fargo Bank, National Association |
| Bronx 741-743 Hunts Point Avenue L.P., Bronx 801 Freeman Street L.P., Isaac Kassirer, Elmax Builders Supply LLC, New York City Environmental Control Board and New York City Department of Social Services |
| Bronx 1202 Spofford Avenue L.P., Bronx 444 East 187th Street L.P., Bronx 441 East 187th Street L.P., A. Goldner, Inc., Bronx 1473-1479 Fulton Avenue L.P., Bronx 620 Manida Street L.P., Bronx 2150 Crotona Parkway L.P., Bronx 2120 Crotona Avenue L.P., Bronx 3038 Holland Avenue L.P., Bronx 1235 Morris Avenue L.P., Bronx 773 Melrose Avenue L.P., Bronx 214 East 168th Street L.P., Bronx 2224 Lyon Avenue L.P., Bronx 1134 West Farms Road L.P., Bronx 1071 Franklin Avenue L.P., Bronx 810 Ritter Place L.P., 109 West 225 Street Realty LLC, 109 West 225 Street Realty 2 LLC, 147 Bruckner Boulevard Realty LLC, 147 Bruckner Boulevard Realty 2 LLC, 2028 Valentine Avenue Realty LLC, 2028 Valentine Avenue Realty 2 LLC, New York City Department of Finance, 1103-1105 Sheridan Avenue Realty LLC, 1103-1105 Sheridan Avenue Realty 2 LLC, 2160 Anthony Avenue Realty LLC, 2160 Anthony Avenue Realty 2 LLC, 2332 Walton Avenue Realty LLC, 2332 Walton Avenue Realty 2 LLC, 2357 Washington Avenue Realty LLC, 2357 Washington Avenue Realty 2 LLC, 1081-1083 Sheridan Avenue Realty LLC, 1081-1083 Sheridan Avenue Realty 2 LLC, 4464 Park Avenue Realty LLC, 4464 Park Avenue Realty 2 LLC, 485 East 180 Street Realty LLC, 485 East 180 Street Realty 2 LLC, 689 East 189 Street Realty LLC and 689 East 189 Street Realty 2 LLC |
| Ian Lagowitz |
| 1:2023cv10796 |
| December 12, 2023 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Victor Marrero |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 22 NOTICE OF APPEARANCE by John Robert Stoelker on behalf of Wells Fargo Bank, National Association..(Stoelker, John) |
| Filing 21 AFFIDAVIT OF SERVICE of 1/29/2024 Order served on all defendants on or before 2/5/2024. Service was made by MAIL. Document filed by Wells Fargo Bank, National Association..(Stoelker, John) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Isaac Kassirer served on 1/27/2024, answer due 2/20/2024. Service was made by MAIL. Document filed by Wells Fargo Bank, National Association..(Stoelker, John) |
Filing 19
ORDER: All of the above captioned cases have been referred to me for general pretrial purposes and are hereby consolidated for all pretrial purposes unless otherwise ordered. According to the status letter filed by Plaintiff's counsel on January 19, 2024, Plaintiff has filed a motion for appointment of receiver in each case, one of which has been granted, the others which remain at varying states of pendency. Accordingly: 1. For any of the cases in which Plaintiff's counsel has not yet served Defendant with motion papers for appointment of receiver. Plaintiff shall do so by February 5, 2024, and shall file an affidavit of service of same by February 7, 2024. 2. Any response to the motions shall be filed by February 15, 2024. Any reply shall be filed by February 20, 2024. If Defendant does not file any response by February 15, 2024, the Court will proceed to resolve the motion for appointment of a receiver. 3. The Court will set a hearing date if it determines that a hearing is necessary. SO ORDERED. Copies transmitted this date to all counsel of record. (Replies due by 2/20/2024. Responses due by 2/15/2024.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/29/2024) (mml) Modified on 1/29/2024 (mml).
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Filing 18
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Victor Marrero on 1/25/2024) (jca)
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| Filing 17 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joseph Lubertazzi, Jr., Esq. dated January 19, 2024 re: Status of Foreclosure Actions with Common Parties. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Filing 16 LETTER addressed to Judge John G. Koeltl from Joseph Lubertazzi, Jr., Esq. dated January 12, 2024 re: Pending Foreclosure Actions. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 15 LETTER addressed to Judge Victor Marrero from Joseph Lubertazzi, Jr., Esq. dated January 12, 2024 re: Pending Foreclosure Actions. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Department of Social Services served on 1/2/2024, answer due 1/23/2024. Service was accepted by Jerry Bradshaw, Unit Chief. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Environmental Control Board served on 1/2/2024, answer due 1/23/2024. Service was accepted by Jerry Bradshaw, Unit Chief. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Elmax Builders Supply LLC served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 801 Freeman Street L.P. served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 741-743 Hunts Point Avenue L.P. served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Bronx 741-743 Hunts Point Avenue L.P., Bronx 801 Freeman Street L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Department of Social Services, New York City Environmental Control Board..(gp) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx 741-743 Hunts Point Avenue L.P., Bronx 801 Freeman Street L.P., Isaac Kassirer, Elmax Builders Supply LLC, New York City Environmental Control Board, New York City Department of Social Services, re: #1 Complaint,,. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
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Filing 7
EX PARTE ORDER APPOINTING A RENT RECEIVER IT IS HEREBY ORDERED that: 1. Ian Lagowitz of Trigild IVL (the "Receiver") be and hereby is appointed, with the usual powers and directions, receiver, for the benefit of the Lender, of all the rents (whether from residential or non-residential space), revenues and other income of the land or the improvements, parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the mortgaged property, whether now due, past due or to become due during the pendency of this action and issuing out of the Property (collectively, the "Rents"), and he shall receive a commission, payable monthly, equal to 5% of the Rents collected by the Receiver. The Receiver shall continue as Receiver until further order of this Court. (And as further set forth herein.) Ian Lagowitz appointed Receiver. (Signed by Judge Victor Marrero on 12/15/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Lubertazzi, Jr.. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Lubertazzi, Jr.. The party information for the following party/parties has been modified: Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 MEMORANDUM OF LAW in Support re: #4 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz . . Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 5 DECLARATION of Ryan Harvey in Support re: #4 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz .. Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Lubertazzi, Joseph) |
| Filing 4 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz . Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Lubertazzi, Joseph) |
| Filing 1 COMPLAINT against Bronx 741-743 Hunts Point Avenue L.P., Bronx 801 Freeman Street L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Department of Social Services, New York City Environmental Control Board. (Filing Fee $ 405.00, Receipt Number ANYSDC-28683323)Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. (Attachments: #1 Exhibit A).(Lubertazzi, Joseph) |
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