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Bank of America, N.A. v. Lilly

District Court of Nassau County, First District

March 28, 2017

Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Petitioner(s)
v.
Vanessa Lilly; INAYA DAVIS; MARY DAVIS; RODNEY BOONE; JANE SMITH - Name Refused; JOHN DOE; and JANE DOE, Respondent(s)

          Shapiro, Dicaro & Barak, LLC, attorneys for Petitioner, William D. Friedman, Esq., attorney for Respondent Rodney Boone; Vanessa Lilly, respondent; Inaya Davis, respondent; Mary Davis, respondent; Jane Smith - Name Refused, respondent; John Doe & Jane Doe, respondent.

          Scott Fairgrieve, J.

         The following named papers numbered 1 to 2 submitted on this Motion to Vacate on February 24, 2017

         papers numbered

         Notice of Motion and Supporting Documents

         Order to Show Cause and Supporting Documents 1

         Opposition to Motion 2

         Reply Papers to Motion

         Petitioner moves, pursuant to CPLR 2221(d), for leave to reargue this court's order, dated December 9, 2016, dismissing the herein summary proceeding.

         This holdover summary proceeding was commenced against Vanessa Lilly, the former owner of 415 Champlain Avenue, West Hempstead, New York. The additional Respondents, Inaya Davis, Mary Davis, Rodney Boone, Jane Smith - name refused, John Doe and Jane Doe, allegedly reside at the premises with permission from the former owner.

         Paragraph 4(a) of the verified petition states that:

"A foreclosure sale was held pursuant to the Judgment of Foreclosure and Sale signed on October 28, 2009 and entered in the Nassau County Clerk's office on or about November 9, 2009. A copy of the said judgment is annexed hereto as Exhibit 'A'."

         Paragraph 4(b) of the verified petition asserts that:

"On October 14, 2014, the sale of the premises described hereto was duly held and the premises were purchased by the Petitioner, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP. A certified Referee's Deed to the ...

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