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MHC Greenwood Village NY, LLC v. United States Secretary of Housing and Urban Development

Supreme Court, Suffolk County

July 9, 2019

MHC Greenwood Village NY, LLC, Plaintiff,
v.
United States Secretary of Housing and Urban Development, Defendants.

          For Plaintiff: Lazer Aptheker Rosella, P.C.

          For Defendant: United States Secretary of Housing and Urban Development

          CARMEN VICTORIA ST. GEORGE, J.S.C.

         The following numbered papers were read upon this motion:

         Notice of Motion/Order to Show Cause 10-19

         Answering Papers

         Reply

         Briefs: Plaintiff's/Petitioner's

         Defendant's/Respondent's

         Plaintiff moves this Court unopposed pursuant to CPLR § 3215 for a default judgment against defendant, who has not answered the complaint.

         I. Background

         This is an action for declaratory judgment as concerns the status of a leasehold mortgage purportedly held by the defendant to a modular home located at 175 Village Circle West, Manorville, NY 11949. In a separate action (Index No.: 620356/2017, Quinlan, J.) [1], the leasehold mortgage held by Urban Financial of America LLC was extinguished and cancelled and Urban Financial of America LLC's leasehold interest was terminated. Plaintiff now seeks a declaration that any leasehold mortgage held by defendant in the instant action is extinguished with any rights and interests of defendant in connection with such leasehold mortgage. Allegedly, ownership of the modular home was transferred to plaintiff in exchange for the release of past due and continuing liability. By operation of law when the modular home was conveyed to plaintiff any agreements were terminated and plaintiff assumed the obligation for the ongoing real property taxes. Urban Financial of America LLC consented to the extinguishment and cancellation of its mortgage secured by its leasehold interest, and accordingly a judgment was entered extinguishing and cancelling the record of mortgage.

         The instant action was commenced on March 29, 2019 by service of a summons and complaint upon defendant by personal service. Additionally, plaintiff mailed a copy of the summons and complaint to the Attorney General by certified mail on April 1, 2019. Defendant has not as of yet appeared, answered or moved in respect to the verified complaint.

         In support of its motion, plaintiff submits, inter alia, copies of the proof of service with electronic confirmation notice and a printout of the New York State Courts Electronic Filings for the instant action. This Court, ex mero motu, [2] dismisses the action in its ...


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