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WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al

Docket 527585/2019, New York State, Kings County, Supreme Court (Dec. 19, 2019)
Cenceria Edwards, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner WELLS FARGO BANK, N.A.
Defendant - Respondent Yisroel N. Shenkman
Defendant - Respondent CIT BANK, N.A. FKA ONEWEST BANK, N.A. FKA ONEWEST BANK, F.S.B.
...
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ORDER ( PROPOSED )

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 49 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.)
Jamison sworn to March 17, 2020; establishing a good and sufficient cause of action against the Defendant(s), KALMAN STREICHER who is a necessary party defendant herein, and upon the summons, complaint and notice of pendency of action, from all of which it appears that the Defendant(s) cannot be served personally within the State of New York, and Plaintiff submitted proof to the Court's satisfaction that the location of the Defendant(s) or his/her personal representatives cannot with due diligence be ascertained and that the Plaintiff has been and will be unable in the exercise of such due diligence to make personal service of the summons herein or by any other prescribed method on the defendant within the State; NOW, upon submission of Richard Fay, Esq., attorney for the Plaintiff, it is ORDERED, that the Plaintiff is granted leave to issue, file and serve, where required the annexed supplemental summons and amended complaint and amended notice of pendency of action, and that the caption of this action be amended to conform with the caption as shown on the supplemental summons, amended complaint and amended notice of pendency of action without prejudice to any of the proceedings herein; and it is further ORDERED that service of the supplemental summons in the above-entitled action upon the Defendant(s), KALMAN STREICHER, together with a notice and brief statement of the object of the action and a brief description of the property, be published in two (2) newspapers, at least one of which shall be in the English language, to wit: ________________________________________ and ________________________________________, published and distributed in the county of Kings, and State of New York, most likely to give notice to the Defendant, once a week for four (4) consecutive weeks, the first such publications to be made within thirty (30) days after the granted date of this order; and it is further ORDERED that the supplemental summons and amended complaint and amended notice of pendency be delivered on behalf of the Defendant, KALMAN STREICHER who may be served by publication pursuant to this Order, to______________________________________, Esq. who is hereby
authorized, empowered and designated to appear herein Guardian Ad Litem and Military Attorney on behalf of any said Defendant who may be absentee, infant, or incompetent, or unknown successors in interest of the Defendant who may be deceased, or Defendant who may be in military service and to protect and defend the interests of said Defendant in this action, upon the filing of his/her acknowledged consent and duly qualifying affidavit; and it is further ORDERED, that the Guardian Ad Litem and Military Attorney shall also act for the Defendant, should he/she be in default and be in the military service of the United States of America, for the purpose of representing him/her and protecting his/her interests in this action pursuant to the provisions of the Solders' and Sailors' Civil Relief Act and Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is further ORDERED, that the date of entry of this Order with the county clerk is deemed to be the date of the granting of this order for the purpose of compliance with CPLR § 316; and it is further ORDERED, that the time to serve all defendants pursuant to CPLR 306-b is extended 120 days from the date of the filing of this order; and it is further ORDERED, that any appointee named herein shall comply with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York; and it is further ORDERED, that all pleadings and papers in this action, including but not limited to the notice of pendency of action, summons, and complaint be amended, and it is further ORDERED, that the Defendant Bank of America N.A.
be removed from the action as it is no longer a necessary party; and it further ORDERED, that the caption shall read as follows:
JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.)
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EXHIBIT(S)

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 54 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
Upon information and belief, all of the defendants are known, and none of them 22. are infants, mentally retarded, mentally ill or alcohol abusers.
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RJI -RE: NOTICE OF MOTION

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 56 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
TOHN DOE (Those guardians, assignees, unknown creditors or their heirs, distributees, or corparanans persons occupants, tenants, an interest or successors in the mortgaged premises.)
[See NOTE under Commerciall O Certificate of inc--n-_/Dissolution O Emergency Medical Treatment O Habeas Corpus O Iocal Court Appeal O Mechamc's Lien O Name Change O Pistol Permit Revocation Hearing O Sale or Fmance of Religious/Not-for-Profit Property O Other (Specify) ps:::c-hips,
O Busmess Entity (including c~p-n---, O Contract O Insurance (where insurer is a party, except d-isi---) O UCC (including sales, negotiable i=±.--nts) O Otl er C-al: (Specify) NOTE: For Commercial Division assignment requests [22 NYCRR' complete and attach the COMMERCIAL DIV RJI Adde=-3==.
Case Title Phone Secondary Role (If any) IJst any related =din•= FarI If=4titi=1 sp is Index/Case No. Court e-mail Fax 1h, inrh-in any schded s¬i••i•=3 and/ar Family Count mees.
lete and ass=chthe RJI AsManshause,]f a leave blank Judge (if assigned) Reid:±; to Instant Case FORECLOSURE Request for Judicial Intervention Addendum
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NOTICE OF MOTION

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 47 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.)
PLEASE TAKE NOTICE that upon the attached affirmation(s) of Gross Polowy, LLC by Richard Fay, Esq., Attorneys for Plaintiff dated August 13, 2021, and the exhibits attached thereto, and upon all the proceedings in this case to date, the Plaintiff will move this Court at 9:30am September 7, 2021 _________________ on __________________________, before the ___________________, at the Supreme Court of Kings County, 360 Adams Street, Brooklyn, NY 11201 for an order pursuant to CPLR 316 and 1202 and 306-b and 3025(b) granting the following to the movant: Order for Service by Publication, Appointment of a Guardian Ad Litem, 120 Day Extension of Time to Serve and Amendment of Pleadings in the same form as attached hereto; and to discontinue the action as to the Defendant Bank of America, N.A.
Harriman State Office Building 9 Albany, NY 12227 NYC Environmental Control Board 100 Church Street New York, NY 10007
Mode of Service Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX NYC Parking Violations Bureau 100 Church Street New York, NY 10007 City Register of the City of New York 100 Church Street New York, NY 10007 Deutsche Bank National Trust Company as Trustee for GSR Mortgage Loan Trust
60 Wall Street New York, NY 10005 CRS Equities LLC c/o Secretary of State of New York 99 Washington Avenue Albany, NY 12210 CIT Bank N.A 75 North Fair Oaks Avenue Pasadena, CA 91103 Morris E. Barenbaum, Esq. 1100 Coney Island Avenue, Suite 211 Brooklyn, NY 11230 Occupants 2842 Brighton 4th Street Brooklyn, NY 11235 Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX Regular mail via USPS Certified mail/RR E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX
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EXHIBIT(S)

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 52 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
(Cturent Listing Name) Page 2 of 2 No. Full Name Address/Phone
(03/1992-Current) LexID(sm):002452883735 Key High Risk Indicator.
These symbols may prompt you to investigate further Moderate Risk Indicator.
These symbols may prompt you to investigate further General Information Indicator.
These symbols inform you that additional information is provided The most recent telephone listing as reported by the EDA source Search: Terms: Date/Time: Permissible Use: Public Records : SmartLinx® Comprehensive Person Report first-name(kalman) last-name(streicher) state(NY) radius(30) Tuesday, January 21, 2020 3:05 PM Your DPPA Permissible Use: Litigation Your GLBA Permissible Use: Persons with a Legal or Beneficial Interest Regarding a Consumer Copyright © 2020 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved.
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AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 48 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
persons DOE (Those or corporations distributees, guardians, claiming executors, assignees, an interest unknown or their occupants, tenants, heirs, trustees, administrators, creditors or successors in the mortgaged premises.)
The summons, complaint, and notice of pendency were filed in the Office of the Clerk of the County of Kings on December 19, 2019, and are attached collectively as Exhibit “A”.
All of the current addresses listed on the Lexis Nexis search were previously attempted by plaintiff’s process server, as detailed by Richard Jamison.
The Plaintiff requests that the time to serve the supplemental summons upon the Defendant, if living, or if he/she is dead, his/her 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 who may be deceased, by purchase, inheritance, lien or otherwise, any right, title and interest in and to the real property described in the complaint herein, pursuant to CPLR § 306-b, be extended for 120 days from the expiration of the period otherwise mandated by CPLR § 306-b.
Granting an extension of time to serve of 120 days; C. Amending the notice of pendency, summons, and complaint; D. Appointing a Guardian Ad Litem and Military Attorney; E. For such other and further relief as to this Court deems just, proper and equitable.
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EXHIBIT(S)

Document WELLS FARGO BANK, N.A. v. YISROEL N. SHENKMAN et al, 527585/2019, 53 (N.Y. Sup. Ct., Kings County Aug. 16, 2021)
the above is the status of that you pra idad, Data Center, based on the !±--stan of Defense Men~=er Upon searching the data banks of the Depâi1iiisiit on the active duty status date as to all benchac the of the Ui.ifusi.iod Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
or his/her unit receiving notificatiDn of future orders to report Michael V. Sorrento, Director Dspartinont of Defense - Manpower Data Center 400 Gigling Rd.
DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate.
In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service.
Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
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