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HSBC Bank USA National Assoc. v. 127 Fulton LLC

Supreme Court, New York County

August 16, 2013

HSBC BANK USA, NATIONAL ASSOCIATION, Plaintiff,
v.
127 FULTON LLC, LAURE-ANNE BROWN, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY TRANSIT AUTHORITY TRANSIT ADJUDICATION BUREAU, RED HOOK CONSTRUCTION GROUP-I, LLC and "JOHN DOE #1" THROUGH "JOHN DOE #100" the names of the last 100 defendants being known to HSBC, it being intended to designate fee owners, tenants or occupants of the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators trustees, committees, devisees, legatees and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through or against the said defendants named as a class, of any right, title or interest in or lien upon the premises described in the complaint herein, Defendants. Index No. 810083/2010

Unpublished Opinion

Westerman, Ball Ederer Miller & Sharfstein LLP, Counsel for Plaintiff .

Peter B. Grierer, Esq. Counsel for Defendant.

DECISION & ORDER

JOAN M. KENNEY, JUDGE.

Papers considered in review of these motions:

Papers: Numbered:
Notice of Motion, Affirmation, 1-25
Affidavits, Exhibits & Memorandum of Law
Notice of Cross Motion, Affirmation in Support & Opposition,
Exhibits, Memorandum of Law, Sur-Reply 26-34

Motion sequences 003 and 004 are consolidated for decision in this foreclosure action.

Plaintiff, HSBC Bank USA, N.A. (HSBC), moves for an Order seeking (1) substitution of 140 Wendover II, LLC, as assignee for HSBC, (2) a judgment of foreclosure, pursuant to CPLR 3212, and dismissal of 127 Fulton LLC's (the borrower) and Laure-Anne Brown's (the guarantor) counterclaims, (3) severance of the remaining causes of action in the complaint, (4) appointment of a referee to compute, (5) amendment the caption to eliminate the fictitious defendants.

Defendant, Red Hook Construction Group-I, LLC (Red Hook) cross-moves for an Order, pursuant to CPLR 601, consolidating this action with a related action.

Plaintiff's motion consists of five branches. Red Hook only opposes three of the five parts of the motion. The first and fifth branches of plaintiff's motion are granted. The balance of the ...


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