CIT Bank, N.A. v. Covino et al
| CIT Bank, N.A. |
| William Covino and Board of Directors of Eagle Wood Vistas Homeowners Association, Inc. |
| 7:2017cv09579 |
| December 6, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| 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
85
JUDGMENT OF FORECLOSURE AND SALE: ORDERED, ADJUDGED AND DECREED that the report of Benjamin Greenwald, Esq. dated June 7, 2023, be, and the same is hereby, in all respects, ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee certifies that they are in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, section 36.2( c) ("Disqualification from appointment"), and s ection 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff may assign its interests and rights under the instant Judgment to a third party of its choosing by fi ling an Assignment of Cause of Action with the County Clerk and providing a copy to the Referee appointed within the instant order; and it is further Plaintiff is directed to mail a copy of this Judgment of Foreclosure and Sale to corporate Defen dant and pro se Defendant at both addresses and file proof of service on the docket. The Clerk of the Court is directed to terminate the motion at ECF No. 78 and further set forth in this Order. Motions terminated: 78 MOTION for Judgment of Foreclosure and Sale. filed by Wilmington Savings Fund Society, FSB. (Signed by Judge Nelson Stephen Roman on 11/7/2023) (rro)
|
|
Filing
72
OPINION & ORDER re: 64 SECOND MOTION for Summary Judgment . filed by CIT Bank, N.A. For the foregoing reasons, the Court GRANTS Wilmington's motions for summary judgment under Rule 56, to substitute Wilmington in place of Plain tiff under Rule 25(c), and to appoint a referee to resolve the remaining issues involving the foreclosure under Rule 53. The Court further APPOINTS Benjamin Ari Greenwald, Esq., from the Law Office of Benjamin Greenwald at 210 East Main Street, Su ite 310, Middletown, New York 10940-4061, at telephone number (845) 567-4820, as Referee to ascertain and compute the amount due to Wilmington under the subject Note and Mortgage, including but not limited to, unpaid principal balance, interest, a ccumulated late charges, and recoverable balance due and owing on the Note secured by the Mortgage, and to examine and report whether the subject property should be sold in one parcel. By accepting this appointment as Referee, Mr. Greenwald shall submit a declaration certifying that he in compliance with the requirements of Federal Rule of Civil Procedure 53, including but not limited to, section 53(a)(2) ("Disqualification"), section 53(c) ("Master's Authority") a nd section 53(g) ("Compensation"). In the event Mr. Greenwald is disqualified from receiving this appointment under the provisions of Rule 53, he shall notify the Court immediately in writing. Mr. Greenwald shall produce his written Refe ree's Report to the Court as soon as is practicable. Wilmington shall submit monthly written status reports on the Referee's progress in producing his Report until its completion. Upon the submission of the Referee's Report to the Court, Wilmington shall pay for Mr. Greenwald's services in producing such report and submit a copy of the receipt. The Clerk of Court is directed to substitute Wilmington Savings Fund Society, FSB, as owner trustee of the Residential Credit Opportunities Trust VI-A, in place of Plaintiff CIT Bank, N.A., in the caption. The Clerk of the Court is further directed to terminate the motion at ECF No.64, to mail a copy of this Opinion and Order to (1) pro se Defendant at his address on ECF and (2) Mr. Greenwald at his 210 E. Main St, Ste. 301, Middletown, N.Y. 10940-4061 address, and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 9/14/2022) (ate)
|
|
Filing
51
OPINION AND ORDER re: 47 MOTION for Summary Judgment and Appointment of a Referee to Compute, filed by CIT Bank, N.A. For the aforementioned reasons, Plaintiff's Motion for Summary Judgment is DENIED without prejudice. T he Clerk of Court is respectfully requested to terminate the motion at ECF No. 47, and to mail a copy of this Opinion and Order to pro se Defendant Covino and show proof of service on the docket. Plaintiff shall have twenty-one days from date of this opinion to notify the Court of its intention to re-file its motion, at which point the Court will set a briefing schedule. Otherwise, the parties are directed to appear at a telephonic status conference on November 6, 2020 at 2:15 pm. To ac cess the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. SO ORDERED. ( Telephone Conference set for 11/6/2020 at 02:15 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 10/6/2020) (va) Transmission to Docket Assistant Clerk for processing.
|
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.
