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Valley National Bank v. Do-Ray 46 | NYSC Order To Show Cause … Just all WRONG!

Valley National Bank v. Do-Ray 46 | NYSC Order To Show Cause … Just all WRONG!


STATE OF NEW YORK STATE
SUPREME COURT COUNTY OF KINGS

VALLEY NATIONAL BANK, as successor
in interest to The Park Avenue Bank,

against

DO-RAY 46, INC., ROLF GFUMSTEAD, EMILY FISHER
a/k/a EMILY L. FISHER, WANK ADAMS SKLAVIN
OF TAXATION AND FINANCE, THE NEW YON CITY
DEPARTMENT OF FINANCE, PARK AVENUE FUNDING,
LLC, HANKS SALOON a/k/a CLOCKTOWER 46, INC.,
HEIDE TROW AND SONIA GORDON D/B/A STIR IT UP

EXCERPTS:

Order should not be entered as follows:


1. Vacating the default judgment, dated April 8,20 10, in the herein action, pursuant to CPLR 501 5(a) and (a)(3);  Order of Sale, dated May 2 201 1, pursuant to CPLR 501 5(a), (a)(3) and (a)(5);

[…]

staying the foreclosure sale of the subject premises, scheduled for Thursday, July 28,201 1; and staying the passing of the deed of the subject premises, since, among other reasons:

(a) plaintiff commenced knowing that it had no cause of action to foreclose on the Subject Premises as there was payment default as alleged in the complaint;
(b) plaintiff misrepresented in some instances, and in other instances, failed to provide certain facts to the Court to secure a default judgment and a judgment of foreclosure and sale;
(c) plaintiff failed to meet the CPLR standard for requisite proof of its claim for a default judgment and for a judgment of foreclosure and sale;
(d) plaintiff failed to comply with the CPLR requirement to substitute in the proper party as plaintiff – that is, the Federal Deposit Insurance Corporation (the “FDIC”) – following the FDIC’s seizure of plaintiff more than 12 months ago;
(e) plaintiff secured a judgment of foreclosure and sale on the basis of an attorney affirmation that failed to substantially comply with the Justice Lippman’s affirmation requirements in foreclosure actions and this Court’s express order of December 10,2010 therefor as part of plaintiff’s application for a judgment of foreclosure and sale;
( f ) plaintiff – which following March 12,20 10 – was no longer in operation – submitted an application for a judgment of foreclosure and sale and substitution of Valley National Bank as plaintiff without the requisite proof that Valley National Bank was the owner and holder of the relevant notes.

[…]

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