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LOANCARE, LLC v. BERISH FREILICH et al

Docket 536985/2022, New York State, Kings County, Supreme Court (Dec. 20, 2022)
Cenceria Edwards, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner LOANCARE, LLC
Defendant - Respondent Berish Freilich
Defendant - Respondent ARK MORTGAGE, INC.
...
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NOTICE OF ENTRY/COPY OF ENTERED ORDER/PROOF OF SERVICE

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 51 (N.Y. Sup. Ct., Kings County Dec. 12, 2023)
Montebello, 102766-4 Kings LLC v. Berish et al. LoanCare, Freilich, #: 536985/2022 Supreme Index Court, County Bagad Realty 694 Myrtle Brooklyn,
address wrapper department 2023, shown in official within Simmons, 18 years deponent that and deposes says; sworn, duly being New York.
in Rochester, of age and resides on the served the within of Entry Notice same in a true enclosed of copy under the exclusive and care State.
custody depositing depository New York by deponent That on individuals a postpaid the United of is not a party to the listed properly States the at below addressed office post Carlson Simmons, Clerk Sworn to before of day on the
together with notice and a brief statement of the object of the action and a brief description of the property, be published in one (1) newspaper in the place and stead of the Daily Challenge, who could not be contacted for publication, to wit Brooklyn Daily Eagle which is published in the County of Kings, State of New York, once a week for four (4) consecutive weeks, the first suchpublication to be made within thirty (30) days after the date ofentry of this Order, and it is further
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ORDER - OTHER

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 50 (N.Y. Sup. Ct., Kings County Nov. 27, 2023)
At JAS Part FSMP,of the Supreme Court of the State ofNew York, held in the Courthouse for the County ofKings, Borough ofBrooklyn in the City ofNew York, onthe day of _October ,2023
12/06/2023 together with notice and a brief statement of the object of the action and a brief description of the property, be published in one (1) newspaper in the place and stead of the Daily Challenge, who could not be contacted for publication, to wit; Brooklyn Daily Eagle whichis published in the County of Kings, State ofNew York, once a week for four (4} consecutive weeks,the first suchpublication to be made within thirty (30) days after the date ofentry ofthis Order, andit is further ORDERED,that should the Defendant(s) default in answering or in otherwise moving, said Defendant(s) shall be bound byall of the terms and conditions set forth in the Summons and Complaint, forthcoming Order of Reference, and forthcoming Judgment of © Foreclosure and Sale, nunc pro func, as if said Defendant(s) were party to this action before entry ofthe respective Orders; and it is further _ ORDERED,that this order and thepapers upon.
which the same are based shail be filed with the Clerk of this court on or before the first day of publication, and that the first publication be within 30 days after the date of entry of this order; and it is further ORDERED,thatservice shall be complete twenty-cight (28) days from the date of first publication in accordance with CPLR 316(c).
CHLeAGME202
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ORDER ( PROPOSED )

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 44 (N.Y. Sup. Ct., Kings County Sep. 22, 2023)
This Affinnation is made in support of Plaintiffs Motion for an order directing that one (1) substitute publication be named to effectuate an alternate method of service of the Summons and Complaint herein on Defendant(s)
is Woods' It standard practice to make and rely on these records, and store them in the ordinary course of its regularly conducted business activity.
Said granted and filed Order named two papers in which publication of the Supplemental Summons should occur· Our Time Press, and the Daily Challenge.
Dated: Monroe Rochester, September 11, 2023 County New York L. Hart Saxton, Oviatt Gilman LLP for Brettanie Woods Attorneys 500 Bausch Plaintiff & Lomb
this certification, I relied upon the word-processing system used to prepare this Dated: September 11, 2023 ffffauf Esq. Brettanie Woods Attorneys 500 Bausch L. Hart Saxton, Oviatt Gilman LLP for Plaintiff & Lomb
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EXHIBIT(S)

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 46 (N.Y. Sup. Ct., Kings County Sep. 22, 2023)
Upon reading and filing the Affirmation of Brettanie L. Hart Saxton, Esq., dated March 25, 2023, and upon the Summons in support of Plaintiffs IAS Part motion for an reading and Complaint, order directing an alternate method of service of the Summons and Complaint herein on Defendant
and it appearing to the satisfaction of the Court that the Plaintiff has been and will be unable to, with due diligence, serve the Summons and Complaint herein upon the Defendant
upon motion of Woods Oviatt Gilman LLP, attorneys for Plaintiff, Brettanie L. Hart Saxton, Esq., it is
newspapers of general circulation, to wit: Daily Challenge the Our Time Press , which is published in the County of Kings, and in which is published in the County of Kings, State ofNew York, once a week for four (4) consecutive weeks, the first such publication to be made within and it is further thirty
that pursuant to CPLR 306-b the time to serve all Defendants is he eby extended 120 days from the date of entry of this Order; and it is further (4520164; } 102766 2 of
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ORDER - SERVICE BY PUBLICATION

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 38 (N.Y. Sup. Ct., Kings County Jul. 20, 2023)
07/24/2023 , of the Supreme Court At IAS Part FSMP of the State of New York held in and for the County of Kings at the Courthouse at Civic Center in the Borough of Brooklyn, City of
07/24/2023 due diligence, the Plaintiff has been unable to ascertain where said Defendant maintains an office to conductbusinessorto ascertain a place where said Defendantwill receive mail; NOW,upon motion of Woods Oviatt Gilman LLP,attorneys for Plaintiff, Brettanie L. Hart Saxton, Esq., it is ORDERED,that Plaintiff's application for leave to file and serve a Supplemental Summonsin the form annexedis hereby granted;andit is further ORDERED,thatPlaintiff is hereby granted leave to serve a Supplemental Summons and Complaint by regular mail, upon all parties Defendant who have been served with the Original Summons and Complaint, at the last known address for said Defendant, or at the address of their attorney, if said Defendant have appeared; andit is further ORDERED,that service of the Supplemental Summons and Complaint herein upon Defendant BOARD OF MANAGERS OF THE 5 LORIMER STREET CONDOMINIUM, together with notice and a brief statement of the object of the action and a brief description of the property, be published in two
newspapers of general circulation, to wit:
Daily Challenge which is published in the County of Kings, and in the Our Time Press whichis published in the County of Kings, State ofNew York, once a weekfor four (4) consecutive weeks,thefirst such publication to be made within thirty (30) days after the date of entry of this Order; and it is further ORDERED,that this order and the papers upon which the sameare based shall be filed with the Clerk of this court on or before the first day of publication, and that the first publication be within 30 days after the date of entry ofthis order; ORDERED,that pursuant to CPLR 306-b the timeto serve all Defendantsis hereby extended 120 days from the date of entry of this Order; andit is further (4520164: } 102766
, ORDERED,that service shall be complete twenty-eight (28) days from the date of first publication in accordance with CPLR 316(c).
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30

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 30 (N.Y. Sup. Ct., Kings County Mar. 29, 2023)

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55

Document LOANCARE, LLC v. BERISH FREILICH et al, 536985/2022, 55 (N.Y. Sup. Ct., Kings County Jan. 26, 2024)

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