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Christiana Bank & Trust Co. v. Dalton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 20, 2010

CHRISTIANA BANK & TRUST COMPANY, AS TRUSTEE OF THE SEQUOIA TRUST, PLAINTIFF,
v.
DENISE DALTON, ALSO KNOWN AS DENISE RICHARDS, ROBERT SIMON, NEIGHBORHOOD HOUSING SERVICES OF JAMAICA, INC., THE BROOKLYN UNION GAS COMPANY, CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, JOHN DOE 1 THROUGH 10, INCLUSIVE, THE NAMES OF THE TEN LAST NAMED DEFENDANTS BEING FICTITIOUS, REAL NAMES UNKNOWN TO THE PLAINTIFF, THE PARTIES INTENDED BEING PERSONS OR CORPORATIONS HAVING AN INTEREST IN, OR TENANTS OR PERSONS IN POSSESSION OF, PORTIONS OF THE MORTGAGE, DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM AND ORDER

On June 7, 2006, Plaintiff commenced this action in state court seeking to foreclose on the premises located at 156-10 134th Street, Jamaica, New York. Defendants removed and this litigation thereafter proceeded in federal court. Plaintiff now seeks to voluntarily dismiss this action under Fed. R. Civ. P. 41(a)(2).

Plaintiff sets forth that, on November 30, 2009, "the subject loan of this action was paid off with short sale funds from the sale of the Premises." Flickinger Decl. ¶ 5. Thus, Plaintiff appears to argue, this action is now moot. Defendants have filed no opposition. And the Court sees no reason why Plaintiff's motion should not be granted.

Consequently, Plaintiff's motion is GRANTED. This action is DISMISSED AS MOOT. The Clerk of the Court is directed to mark it as CLOSED.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20101020

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