CitiMortgage, Inc., Plaintiff,
Angela Nunez, et. al., Defendant.
The Court does not work for CITI and cannot wait for CITI, a multi-billion dollar financial behemoth to get its “act” together.
Accordingly, it is
ORDERED, that the instant motion of plaintiff CITIMORTGAGE, INC. for summary
judgment and an order of reference for the premises at 38 Norwood Avenue, Brooklyn, New
[*4]York (Block 3905, Lot 28, County of Kings) is denied; and it is further
ORDERED, that the instant action, Index Number 2558/09, is dismissed without prejudice;
and it is further
ORDERED, that the notice of pendency in the instant action, filed with the Kings County
Clerk on February 2, 2009, by plaintiff, CITIMORTGAGE, INC., to foreclose a mortgage for
real property located at 38 Norwood Avenue, Brooklyn, New York (Block 3905, Lot 28,
County of Kings), is cancelled; and it is further
ORDERED, that if plaintiff, CITIMORTGAGE, INC., moves to restore the instant foreclosure
action and motion for an order of reference for real property located at 38 Norwood Avenue,
Brooklyn, New York (Block 3905, Lot 28, County of Kings), counsel for plaintiff must comply
with the new Court filing requirement, announced by Chief Judge Jonathan Lippman on October
20, 2010, and ordered by Chief Administrative Judge Ann T. Pfau on October 20, 2010, by
submitting an affirmation, using the new standard Court form, pursuant to CPLR Rule 2106 and
under the penalties of perjury, that counsel for plaintiff, CITIMORTGAGE, INC.: has “based
upon my communications [with named representative or representatives of plaintiff], as well as
upon my own inspection and reasonable inquiry under the circumstances, . . .that, to the best of
my knowledge, information, and belief, the Summons, Complaint and other papers filed or
submitted to the Court in this matter contain no false statements of fact or law”; and, is “aware of
my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22
NYCRR Part 130.”
This constitutes the Decision and Order of the Court.
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