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Citimortgage, Inc. v. Bunger

Supreme Court, Suffolk County

September 12, 2017

Citimortgage, Inc., Sbm ABN AMRO MORTGAGE GROUP, INC., Plaintiff,
v.
Thomas J. Bunger, AGNES C. BUNGER AND "JOHN DOE #1" THROUGH "JOHN DOE #10", THE LAST TEN NAMES BEING FICTITIOUS AND UNKNOWN TO THE 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.

          FRENKEL LAMBERT WEISS, WEISMAN & GORDON, LLP Attorneys for Plaintiff

          HENRY LAW GROUP Attorneys for Defendants Bunger

          Robert F. Quinlan, J.

         ORDERED that plaintiff Citimortgage, Inc. Sbm Amro Mortgage Group, Inc.'s ("plaintiff") motion for summary judgment (Mot. Seq #006) against defendants Thomas J. Bunger and Agnes C. Bunger ("defendants"), having been granted in part by this court's decision placed on the record after oral argument on May 8, 2017, dismissing all of defendants' affirmative defenses and counterclaims, except their ninth affirmative defense, and which denied defendants' cross-motion to dismiss (Mot. Seq. #007), and the court having reserved decision as to dismissing the ninth affirmative defense as well as claims of plaintiff's failure to comply with requirements of RPAPL §§ 1304 and 1306 raised for the first time at oral argument pending the parties submission of supplemental memorandums of law, and the court having considered those supplemental memorandums of law; it is

         ORDERED that defendants' ninth affirmative defense is dismissed, plaintiff is granted summary judgment dismissing and striking defendants' answer (Mot. Seq. #006); and it is further

         ORDERED that plaintiff's application to amend the caption pursuant to CPLR 3025 (b) to remove the "JOHN DOE #1 to JOHN DOE #10" defendants and to substitute Jason Antin as a party defendant in place and instead of "JOHN DOE #1, " and to fix and set the default of the non-appearing, non-answering defendants, having been granted in the courts oral decision of May 8, 2017, the caption is amended as appearing below and shall be used in all further proceedings in this action:

         X

         CITIMORTGAGE, INC. Sbm ABN AMRO MORTGAGE GROUP, INC., Plaintiff, against -

         THOMAS J. BUNGER, AGNES C. BUNGER, JASON ANTIN Defendant(s).

         X

         , and it is further;

         ORDERED that plaintiff is directed to serve an executed copy of this order amending the caption of this action upon the Calendar Clerk of this Court within 30 days of the date of this order and all further proceedings are to proceed under that caption; and it is further;

         ORDERED that plaintiff's application for the appointment of a referee to compute and determine pursuant to RPAPL § 1321 is granted; and it is further

         ORDERED that plaintiff's proposed order submitted with this motion, as modified by the court, is to be signed contemporaneously with this order; and it is further

         ORDERED that plaintiff is to include in any proposed order of judgment of foreclosure and sale language complying with the Suffolk County Local Rule for filing of the Suffolk County Foreclosure Surplus Monies form contained in Suffolk County Administrative Order # 41-13; and it is further

         ORDERED, that, if a prior notice of pendency is outdated, plaintiff is directed to file a successive notice of pendency at least twenty (20) days prior to the submission of any proposed judgment of foreclosure and sale, submitting a copy thereof with proof of ...


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