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Bank of America, N.A. v. Judy Rothman

Docket 523928/2019, New York State, Kings County, Supreme Court (Nov. 1, 2019)
Case TypeOther Matters - Contract - Other
TagsOther, Matters, Contract, Civil
Plaintiff Bank of America, N.A.
Defendant Judy Rothman
Non-Parties Judy Rothman
...
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ORDER - OTHER JHO REFERRAL ORD

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 24 (N.Y. Sup. Ct., Kings County Nov. 23, 2020)
Administrative Judge for Civil Matters Str tt renee:atimmmm mmmemmpotas pennex Banke of America a Plaintiffs)
- against - Tadex No. 523928/2019 Judy Rothman Defendant(s) Atthe cequést ofJustice Peter P, Sweeney, and pursuant fo Article 22,of the Judiciary Law, in accordance with the provisions of Part 122’of the Rules of the Chief Administrator ofthe Courts (NYCRR Part 122), the.issues- referred befoware assigtied to a: Xx
JHO serving as an uncompensated volunteerJudicial Hearing Officer, pro bono publico, who waivesany claim ‘to:compensation forsuchservice, pursuantto:-22 NYCRR§ 122.8, or any other provision oflaw, The date willbe fixed by the Clerk of the Part.
Report with recommendationswith respect to the issue(s} of __Proper service ofthe summons & complaint to Judy Rethman Hear‘and Determine purstiaiit to thestipulation ofthe partiés with respect to the issue(s} of ___ __Proper-service ofthe summons & complaint to Judy Rothman (FfParties Fail to So-Stipulate, the Reference Shall Be to Hear and Report) ORDERED,thatifthetrial of theissteoraction hereby referred isnot begun’within 60 days fromthe date of this order,or before such later date as the RefereeorJudicial Hearing Officer mayfix upon good causeshown,this Order shall be canceledandrevoked, and this.matter shall be’ remitted by the Referee or the JudicialHearing Officerback to the assigning Part from whichit wasissued, and the matter shall immediatelybe returned to the Courtfor hearing and/or trial.
penneeeeeexX The following papers were read on this motion: Papers: NYSEFNos: Notice of Motion/Order to Show Cause Affidavits/Affirmations/Exhibits/Memo of Law.........:0.00-+4-11 Answering Affirmations/Affidavits/Exhibits/Memoof Law.......17-21 Reply Affirmations/Affidavits/Exhibits/Memo of Law..............- OEascii ies ceerence sien me Re ceteereneremreerinmneommemnsmsmneneng Uponthe foregoing papers, the motion is decided as follows: Defendant’s motion to dismiss the action on the groundthat she was not properly served with the summons and complaint shall be held in abeyance pending a traverse hearing on the issue of whether the summonsand complaint was properly served on her.
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NOTICE OF ENTRY/COPY OF ENTERED ORDER/PROOF OF SERVICE

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 26 (N.Y. Sup. Ct., Kings County Nov. 22, 2020)
To: Adam M. Brown Of counsel at Drew, Eckl & Farnham, for Plaintiff Attorneys Street NE 235 Peachtree 1900 Suite
Upon the foregoing papers, the motion is decided as follows: Defendant's motion to dismiss the action on the ground that she was not properly served with the summons and complaint shall be held in abeyance a traverse on the issue of whether the summons and complaint was properly served on her.
IAN Pad of New York, State day of November the Supreme of Kings County, .. 2020 Court on the of the 17th
- against - Index No. 523928 / 2019 Judy Rothman -e.......-.----------------___------..--_________---_)( Defendant(s) of Justice the tequést At the provisions of Part 122 of with referred are assigried to a: below Peter and pursuant P. Sweency, the Rules the Chief of Administrator tife Judiciary to Article 22, of the Courts.
hereby later date as the Referee such ordery.or before this upon or Judicial Officer fix Hearhig may and revoked,.and be remitted be canceled shall shall or by the Referee the IttdÏcial this.matter Hearing assigliingPart froth which it was arrd the matter be returned to the Cöuitfor shall immediately triaL 60 days cause good issued, On matter to.Hear and Determine: Consent of Attorneys: Hon.
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ORDER - OTHER (Motion #1)

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 23 (N.Y. Sup. Ct., Kings County Nov. 17, 2020)
The following papers were read on this motion:
Upon the foregoing papers, the motion is decided as follows: Defendant’s motion to dismiss the action on the ground that she was not properly served with the summons and complaint shall be held in abeyance pending a traverse hearing on the issue of whether the summons and complaint was properly served on her.
The travers hearing is hereby referred to a Special Referee, who shall hear and report with recommendations, or with the parties’ consent, hear and determine.
This constitutes the decision and order of the Court.
Note: This signature was generated electronically pursuant to Administrative Order 86/20 dated April 20, 2020
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STIPULATION - OTHER

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 28 (N.Y. Sup. Ct., Kings County Jan. 19, 2021)
The parties, having reached a settlement, now desire to resolve the remaining issues raised in this litigation without further proceedings and without admitting any fault or liability.
and through parties stipulate and of America, ("Plaintiff"), by counsel, hereby dismisses its Complaint and all asserted claims against Defendant Judy Rothman ("Defendant") with prejudice.
Additionally, the parties stipulate and agree that Defendant dismisses her Counterclaim(s) and all asserted claims against Plaintiff with prejudice.
of the the within Court's with proper and electronic postage foregoing filing paid,
the system, addressed as follows: The Law Offices of Bronstein Joshua R. Bronstein Joshua Dr. 114 Soundview New York Port Washington, Counsel Defendant for & Associates,
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NOTIFICATION FROM COURT Re: Kings County Supreme Civil Court Mediation Program

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 27 (N.Y. Sup. Ct., Kings County Dec. 11, 2020)
Dear Attorney/Litigant: You are receiving this letter because you have a case pending in Kings County Supreme Court, Civil Term and I wanted to make you aware of an option that is available to you at this time.
Unless otherwise provided in these rules or agreed upon by the parties in writing, no fee, retainer or other payment may be charged or paid prior to the conclusion of the first ninety (90) minutes of the initial mediation session.
v. Notwithstanding anything to the contrary in these Program Rules, the Court reserves the right, under appropriate circumstances, to allow or require Mediators to deviate from the fee schedule set forth in subparagraph iv above.
In such an event, the Mediator shall provide the parties advance written disclosure of the fee structure permitted or required by the Court, in the manner prescribed under subparagraph iv for disclosing billing rates.
Appointed Mediators shall waive the share of the fee allocable to any party who has been granted permission to proceed in their case as a poor person pursuant to New York Civil Practice Law and Rules (CPLR) § 1101. viii.
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COURT NOTICE

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 25 (N.Y. Sup. Ct., Kings County Nov. 20, 2020)
FILED: KINGS COUNTY CLERK 11/20/2020 06:22 PM NYSCEF DOC. NO. 25 INDEX NO. 523928/2019 RECEIVED NYSCEF: 11/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUDGE PETER PAUL SWEENEY, PT73 Bank of America, N.A. - v. - Judy Rothman Index No.
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EXHIBIT(S) - A (Motion #1) Summons and Complaint Redacted per 22 NYCRR §202.5(e)

Document Bank of America, N.A. v. Judy Rothman, 523928/2019, 18 (N.Y. Sup. Ct., Kings County Feb. 14, 2020)
21, Effect of Susponvionof Your AccoimL If your Account is suspcudedor terminn(cdfor any reason,you will nonethclcssremain obligatedto pay theAccount Bainncein accordancowith the termsof this Agreement.
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