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Deutsche Bank National Trust Co. v. Ajibola

Supreme Court, Queens County

June 22, 2018

Deutsche Bank National Trust Company, As Trustee, in Trust for the Registered Holders of Morgan Stanley Home Equity Loan Trust 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, Plaintiff,
v.
Queensly Ajibola, as Heir and Administrator of the estate of Tunde Ajibola A/K/A Tunde Tajudee Ajibola and as a Natural Guardian of W.A., I.A. and E.A., Heirs to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola, Whitney Ajibola, as Heir to the estate of Tunde Ajibola A/K/A Tunde Tajudee Ajibola, Olamide Ajibola, Heir to the estate of Tunde Ajibola A/K/A Tunde Tajudee Ajibola, Olayinka Ajibola, Heir to the estate of Tunde Ajibola A/K/A Tunde Tajudee Ajibola, Princess Ajibola, Heir to the estate of Tunde Ajibola A/K/A Tunde Tajudee Ajibola, the New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York State Department of Taxation and Finances, United States of America, and "John Doe No.1" through "John Doe #10," the last ten names being fictitious and unknown to plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants.

          Eckert Seamens Cherin & Mellott, LLC Attorneys for Plaintiff

          Law Office of Yuiry Moshes, P.C. Attorneys for Defendant Queensly Ajibola

          Pam B. Jackman Brown, J.

         Recitation, as required by CPLR § 2219(a), of the following papers e-file numbered 56 to 108 read on this Notice of Motion by Plaintiff for an Order: (1) granting summary judgment, pursuant to CPLR § 3212, against defendant Queensly Ajibola, as Heir and Administrator of the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola and as a Natural Guardian of W.A., I.A. and E.A., Heirs to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola ("Queensly Ajibola") and striking her Answer, inclusive of Affirmative Defenses and a Counterclaim, with prejudice; (2) granting judgment, pursuant to CPLR § 3215, against defendants Whitney Ajibola, as Heir to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola, Olamide Ajibola, as Heir to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola, Olayinka Ajibola, as Heir to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola, Princess Ajibola, as Heir to the estate of Tunde Ajibola a/k/a Tunde Tajudee Ajibola, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York State Department of Taxation and Finance, United States of America, Godwyn Edebiri, Helen Edebiri, Helen Edebiri, Jasmin Bosh, Lawrence Bosh, Edwina Bosh and "Jane Doe";(3) appointing a referee, pursuant to RPAPL § 1321, to ascertain and compute damages due and owing to Plaintiff and to issue a report; (4) amending the caption to substitute Godwyn Edebiri, Helen Edebiri, Jasmin Bosh, Lawrence Bosh, Edwina Bosh and "Jane Doe" as party defendants in place of "John Doe #1" through "John Doe #6" and excising the remaining "John Doe"defendants; and (5) granting Plaintiff's second cause of action for reasonable attorney fees, disbursements and allowances; and read on Defendant Queensly Ajibola's Cross-Motion for an Order: (1) pursuant to CPLR § 3212 denying Plaintiff's motion for summary judgment and order of reference because there are triable issues of fact; (2) pursuant to CPLR §§ 3211(a)(3) dismissing the action in its entirety for Plaintiff's failure to comply with conditions precedent; (3) pursuant to CPLR § 213(4) dismissing the instant action with prejudice at it is barred by the statute of limitations; and (4) pursuant to RPAPL § 1501(4)(1), cancelling and discharging the mortgage as collection is barred by the statute of limitations.

         PAPERS E-FILED NUMBERED (Papers, Exhibits)

         Notice of Motion- Affidavits and Exhibits Annexed (56-57, 58-72)

         Affidavit in Support (73, 74-81)

         Memorandum of Law (82, 83)

         Notice of Cross-Motion- Affidavits and Exhibits Annexed (84-86, 87-97)

         Reply Memorandum (98, 99-102)

         Affidavit in Further Support of Cross-Motion (103, 104-108)

         Affirmation in Support of Motion to Discontinue, dated March 15, 2013 (filed under Queens Supreme Court Index No. 18035/2008) (1, not e-filed)

         Short Form Order dated June 4, 2013 (filed under Queens Supreme Court Index No. 18035/2008) (2, not e-filed)

         Notice of Entry, dated February 24, 2015 (filed under Queens Supreme Court ...


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