UPON the Summons, Complaint and Notice of Pendency filed in this action on February 19, 2024, the Notice of Motion, dated September 18, 2024, the Affirmation of Raspreet Bhatia, Esq., of Greenspoon Marder LLP, attorneys of record for Plaintiff, dated September 18, 2024, and the exhibits annexed thereto; the Affidavits of Due Diligence of Ashley Bernard, sworn to on August 1, 2024, of which establish a good and sufficient cause of action against the defendant, SAMUEL E. BASS at his last known address of 2000 BROADWAY 26C, NEW YORK, NY 10023; and it appearing to the satisfaction of the Court that the Plaintiff has been and will be unable to, with due diligence, serve the Supplemental Summons and Complaint herein upon the defendant, SAMUEL E. BASS at his last known address of 2000 BROADWAY 26C, NEW YORK, NY 10023 within the state of New York, by personal service of other prescribed method; it is hereby ORDERED, that the Plaintiff’s motion for an Order Permitting Service by Publication pursuant to CPLR Section 316 is granted; and it is further, ORDERED, that the summons, complaint and notice of pendency are amended to include the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said Defendant SAMUEL E. BASS, who may be deceased by purchase, inheritance, lien or otherwise, any right, title or interest in and to the real property; and it is further ORDERED, that the caption of the action should be amended (i) to include the respective heirs-at-law, next-of-kin, distributes, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendants who may be deceased by purchase, inheritance, lien or otherwise, any right, title or interest in and to the premises described in the complaint, and (ii) by excising therefrom the remaining defendants sued herein as “JOHN DOE” 1-10 , pursuant to CPLR §1024 all without prejudice to the proceedings heretofore had herein; and it is further ORDERED, that pursuant to CPLR § 2004, the plaintiff have leave to file all further pleadings and papers, setting forth the amended caption of the action; and it is further ORDERED, that the amended caption of the action for all further purposes shall read as follows:
SAMUEL E. BASS if he be living and if he be dead, the respective heirs-at-law, next-of-kin, distributes, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or inheritance, lien or otherwise any right, title or interest in or to the real property described in the complaint; BOARD OF
and it is further ORDERED, that service shall complete twenty -eight days (28) days from the date of first publication in accordance with CLPR § 316; and it is further ORDERED, that the supplemental summons in the above-entitled action be served upon defendants SAMUEL E. BASS at his last known address of 2000 BROADWAY 26C, NEW YORK, NY 10023, in the following manner: By publishing the Summons to the defendant and a brief statement of the object of the action, and a brief description of the property, in each of four (4) successive weeks in two (2) newspapers designated herein as _______________________________________, and ___________________________________ such publications to be commenced within thirty (30) days after entry of this order, and by mailing a copy of the summons along with a copy of this order by regular mail to defendants SAMUEL E. BASS at his last known address of 2000 BROADWAY 26CNEW YORK, NY 10023, that being said defendants’ last known address, and this being the means most likely calculated to reach said defendants; and it is further ORDERED, that a copy of this Order and the papers upon which it is based, be delivered on behalf of Defendant SAMUEL E. BASS at his last known address of 2000 BROADWAY 26C
to _________________________, Esq., whose address is ___________________________, and whose telephone number is (_____) ___________, who is hereby authorized, empowered and designated to appear herein as Guardian Ad Litem and Military Attorney on behalf of defendants SAMUEL E. BASS at his last known address of 2000 BROADWAY 26C, NEW YORK, NY 10023, who may no longer be in existence, to protect and defend the interests of said defendants in this action; and it is further ORDERED, that the Guardian Ad Litem and Military Attorney shall also act for said defendants should they be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing them and protecting their interest in the action pursuant to the provisions of the Service Members’ Civil Relief Act of 2004, as amended and the Military Law of the State of New York; and it is further ORDERED, that the supplemental summons filed herewith be delivered to the above named Guardian Ad Litem who is hereby authorized, empowered, and designated to appear in this action, upon filing an acknowledged consent and qualifying affidavit; and it is further ORDERED, that the service of the supplemental summons upon parties who have appeared and waived service or who have been served and defaulted is hereby dispensed with; and it is further ORDERED, that the Guardian Ad Litem and Military Attorney (if applicable), is directed to execute his/her oath and that the same shall be filed with the NEW YORK COUNTY CLERK; and it is further ORDERED, that the Guardian appointed herein shall be paid
upon the filing of a notice of appearance on behalf of the ward(s) and provision shall be made in the judgment of foreclosure and sale for an additional fee, payable upon transfer of title; and it is further ORDERED, that the extension of time to serve, pursuant to CPLR § 306-b, will be satisfied as long as publication is made and proof thereof is filed in the NEW YORK COUNTY CLERK’S office within 120 days of entry of this order; and it is further ORDERED, that by acceptance of said guardianship said Guardian Ad Litem certifies that he/she has complied with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York.