United States District Court, E.D. New York
Margolin and Weintraub Law Group, LLP Attorneys for the
Plaintiff Avail Holding LLC by Alyssa L. Kapner, Esq., Of
Charles R. Cuneo, Esq. Attorney for the Defendants Neil Nanda
and Sonika Nanda
States Attorney's Office, Eastern District of New York
Attorneys for the Defendant United States of America -
Internal Revenue Servic
APPEARANCES: JP Morgan Chase Bank, N.A. Haresh Sanjani New
York State Department of Taxation and Finance
D. SPATT UNITED STATES DISTRICT JUDGE.
January 30, 2015, the Plaintiff Avail Holding LLC commenced
this diversity mortgage foreclosure action under Article 13
of the New York Real Property Actions and Proceedings Law,
seeking to foreclose its security interest in a parcel of
real property owned by the Defendants Neil Nanda and Sonika
Nanda (together, “the Homeowners”), located at
245 Crabapple Road in Manhasset.
March 20, 2015, the Homeowners appeared by counsel and filed
an answer asserting several affirmative defenses to the
complaint. The Internal Revenue Service also appeared by
counsel, but neither filed an answer nor took an active role
in the litigation.
remaining co-Defendants, namely, JP Morgan Chase Bank, N.A.;
Haresh Sajnani; and the New York State Department of Taxation
and Finance, failed to answer or otherwise appear in this
action. It is noted that, despite the non-appearances of
these parties, the Plaintiff did not seek to have the Clerk
of the Court enter their defaults.
a pre-motion conference at which counsel for the Plaintiff
and the Homeowners were present, on May 13, 2016, the
Plaintiff filed a motion seeking summary judgment against the
2, 2016, the time for responding to the Plaintiff's
motion had expired without any party filing opposition or
requesting an extension of time to do so. Accordingly, the
Court referred this matter to United States Magistrate Judge
Steven I. Locke for a recommendation as to whether the
unopposed motion for summary judgment should be granted, and
if so, the relief to be granted.
January, 11, 2017, Judge Locke issued a Report and
Recommendation (the “R&R”), finding that the
Plaintiff established through admissible evidence an
entitlement to foreclosure; that the Homeowners failed to
raise any genuine issue of material fact; and that summary
judgment was appropriate under the applicable New York law.
of the R&R was served on counsel for the appearing
parties via ECF the same day it was issued, namely, January
11, 2017. Thereafter, on January 26, 2017, the Plaintiff
filed proof of service of the R&R on the non-appearing
than fourteen days have elapsed since service of the R&R
on all the Defendants, each of whom has failed to file an
objection or request an extension of time to do so.
Therefore, pursuant to 28 U.S.C. § 636(b) and Federal
Rule of Civil Procedure 72, this Court has reviewed the
R&R for clear error, and finding none, now concurs in
both its reasoning and its result.
the January 11, 2017 Report and Recommendation is adopted in
its entirety, and the Plaintiff's motion for summary
judgment is granted. The Clerk of the Court is respectfully