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 v. Bronx 1473-1479 Fulton 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 |
| 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., Isaac Kassirer, Elmax Builders Supply LLC and New York City Environmental Control Board |
| 1:2023cv10826 |
| December 13, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Robert W Lehrburger |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Document Text |
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| Filing 28 NOTICE OF APPEARANCE by John Robert Stoelker on behalf of 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..(Stoelker, John) |
| Filing 27 AFFIDAVIT OF SERVICE of Motion to Appoint a Rent Receiver and 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, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Stoelker, John) |
| Filing 26 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, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Stoelker, John) |
Filing 25
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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| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-10796-VM-RWL. (mml) |
| Filing 24 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, 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) |
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Filing 23
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. Motions referred to Robert W. Lehrburger. (Signed by Judge Jessica G. L. Clarke on 1/17/2024) (tg)
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| Filing 22 PROPOSED ORDER. 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. Related Document Number: #19 ..(Lubertazzi, Joseph) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 21 DECLARATION of Ryan Harvey in Support re: #19 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 - Mortgage, #2 Exhibit B - Note, #3 Exhibit C - Loan Agreement, #4 Exhibit D - Omnibus Assignment, #5 Exhibit E - Assignment of Mortgage to SDOF, #6 Exhibit F - Assignment of Mortgage to SDOF II, #7 Exhibit G - Assignment of Mortgage to Sabal, #8 Exhibit H - Assignment of Mortgage to Lender, #9 Exhibit I - Curriculum Vitae of Ian Lagowitz).(Lubertazzi, Joseph) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 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 19 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 18 LETTER addressed to Judge Jessica G. L. Clarke from Joseph Lubertazzi, Jr., Esq. dated January 12, 2024 re: Pending Foreclosure Actions. 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #22 Proposed Order, was reviewed and approved as to form. (nd) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert Lehrburger to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (vba) |
| Filing 17 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, 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 16 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, 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 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 3038 Holland 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, 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 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 2150 Crotona Parkway 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, 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 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 2120 Crotona 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, 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 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 620 Manida 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, 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 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 1473-1479 Fulton 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, 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) |
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Filing 10
ORDER denying without prejudice #5 Motion to Appoint. This case has been assigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. Plaintiff moves ex parte for appointment of a receiver. ECF No. 5. An ex parte order appointing a receiver is permissible based on the parties contract, but "it is particularly important that adequate factual support be provided to indicate that dispensing with notice is warranted." Fed. Home Loan Mortg. Corp. v. Spark Tarrytown, Inc., 813 F. Supp. 234, 235-36 (S.D.N.Y. 1993) (granting ex parte relief because there was a "genuine emergency requiring such action" where movants were unable "to locate or reach responsible persons"). Plaintiff does not demonstrate that there is any such emergency making it impractical to provide notice to Defendants. Accordingly, the Court will not appoint a receiver without giving Defendants an opportunity to respond. Plaintiff's ex parte motion to appoint a receiver is DENIED without prejudice. The Clerk of Court is directed to terminate ECF No. 5. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/3/2024) (tg)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Bronx 1473-1479 Fulton Avenue L.P., Bronx 2120 Crotona Avenue L.P., Bronx 2150 Crotona Parkway L.P., Bronx 3038 Holland Avenue L.P., Bronx 620 Manida Street L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board..(gp) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to 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., Isaac Kassirer, Elmax Builders Supply LLC, New York City Environmental Control Board, re: #1 Complaint,,. 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Andrew L. Carter, Jr is no longer assigned to the case. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (tro) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 1:23-cv-10796-VM and declined by Judge Victor Marrero and returned to wheel for assignment. (tro) |
| Magistrate Judge Gary Stein 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. (tro) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Victor Marrero as possibly related to 1:23-cv-10796. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 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 6 DECLARATION of Ryan Harvey in Support re: #5 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, #9 Exhibit I).(Lubertazzi, Joseph) |
| Filing 5 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 4 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 3 RELATED CASE AFFIRMATION of Joseph Lubertazzi, Jr. re: that this action be filed as related to 23-cv-10796 (VM). 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 1473-1479 Fulton Avenue L.P., Bronx 2120 Crotona Avenue L.P., Bronx 2150 Crotona Parkway L.P., Bronx 3038 Holland Avenue L.P., Bronx 620 Manida Street L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board. (Filing Fee $ 405.00, Receipt Number ANYSDC-28688994)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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| Search for this case: 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 v. Bronx 1473-1479 Fulton Avenue L.P. et al | |
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| Plaintiff: 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 | |
| Represented By: | Joseph Lubertazzi, Jr. |
| Represented By: | John Robert Stoelker |
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| Defendant: Bronx 1473-1479 Fulton Avenue L.P. | |
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| Defendant: Bronx 620 Manida Street L.P. | |
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| Defendant: Bronx 2150 Crotona Parkway L.P. | |
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| Defendant: Bronx 2120 Crotona Avenue L.P. | |
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| Defendant: Bronx 3038 Holland Avenue L.P. | |
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| Defendant: Isaac Kassirer | |
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| Defendant: Elmax Builders Supply LLC | |
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| Defendant: New York City Environmental Control Board | |
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