... herein, Defendants, served with a copy of affidavits interposed and no answer has been being annexed to the motion as Exhibit of service "C", by Defendants Joseph A. Alexander and New York City Department of Finance that none ...

PLEASETAKENOTICEthat upon the Summonsand Verified Complaint filed on April 25, 2024 and the Notice of Pendency filed on April 25, 2024; upon reading the affidavit of Daniel J. Houlihan, Jr. sworn to the 30tl¹ day of January, 2025, and the affirmation of Francesco Pizzolla, of service annexed thereto, Esq. affirmed to on the 31st day of January, 2025, and on the affidavits

motion will be made at the Motion Submission Part held at the Supreme Court of the State of New located at 851 Grand Concourse, Bronx, NewYork 10451 on February York, Bronx County, 18, judgment against defendants 2025 at 9:30 A.M. or as soon as counsel can be heard, (i) a default for Joseph A. Alexander and NewYork City Department of Finance, and (ii) an Order of Reference to Compute, without prejudice to the proceedings heretofore had herein, and (iii) for the relief demanded in the complaint and for such other and further relief as this Court may deemjust and proper.

PLEASETAKEFURTHERNOTICEthat, pursuant to §2214(b) of the Civil Practice Law and Rules, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion.

YOUWILL FURTHERTAKE NOTICEthat an Order, a copy of which is submitted

herewith, will at the same time and place be submitted to the Justice of the above-named Court for signature.

In ADHY Advisors LLC, the Appellate Division affirmed the trial court's decision, which denied plaintiff's application to appoint a receiver pursuant to RPL § 254(10) (id. at 619).

In denying the motion, the trial court noted that before appointing a receiver, it had to conclude that the property was in jeopardy or that the loan was vulnerable, and that on the record before it, there was no such showing (id. at *10).

Instead, the court noted that the relevant property was “well run,” had a superintendent who lived at the premises, was current on all utilities, had paid all tax arrears, and that the recession driven diminution in rent rolls was being rectified by re-letting all but one unit (id. at *10-11).

According to the public record of the New York City Department of Finance (DOF), the outstanding taxes and charges accrued against the subject premises total $170,359.06.

Based on the foregoing, the Court hereby denies plaintiff’s application for a receiver where plaintiff’s moving papers are bereft of any evidence of neglect which establishes that the premises is in jeopardy or in danger of being irreparably harmed.

Additionally, per plaintiff’s counsel, none of the foregoing defendants have interposed answers.

(the latter names being and unknown to the plaintiff, the fictitious intended being the tenants, parties occupants, persons or corporations an having or claiming in or lien upon the premises described interest in the complaint), Defendants.

, Fiduciary ID No. , having a business address at and phone number of for the benefit of the plaintiff ,, is hereby appointed, with the usual powers and directions, Receiver, now due and unpaid or to become due of all the rents and profits and payable during the pendency of this action and issuing out of the mortgaged premises and commonly known as and by 1240-1250 Edward L. described in the complaint in this action, Grant Highway, Bronx, NewYork 10452 (Block: 2871, Lot: 2), and more particularly bounded

and described in the Schedule A - Legal Description annexed hereto and made a part hereof (the and it "Premises"), is further ORDEREDthat the Receiver is authorized to forthwith take charge and enter into and it possession of the property, ORDEREDthat before is further, entering upon his/her duties, said Receiver shall be sworn to and faithfully committed to him/her and shall execute to the People of discharge the duties fairly the State of NewYork and file with the Clerk of this Court an undertaking in the penal sum of $ as such Receiver, and it ORDEREDthat , conditioned for the faithful discharge of his/her duties is further, said Receiver be and is hereby directed to demand, collect and receive from the occupants, tenants, and licensees in possession of said Premises, or other persons liable therefor, inclusive of the defendant, 1240 Edward Grant, LLC, all the rents and license fees thereof now due and unpaid or hereafter to become fixed or due, and that said Receiver be and is hereby authorized to institute and carry on all legal proceedings necessary for the protection of said Premises or to recover possession of the whole, or any part thereof, and/or apply to the Court to fix reasonable rental value and license fee value and to compel tenants and occupants to attorn to the Receiver; and it is further, ORDERED,that the Receiver may institute and prosecute suits for the collection of rent, license fees and other charges now due or hereafter to become due or fixed, and summary proceedings for the removal of any tenants or licensees or other persons therefrom, and it is further, ORDERED,that pursuant to the provisions of the General Obligations Law Section 7- 105, anybody holding deposits or advances of rental as security under any lease or license

The Receiver shall furnish the Plaintiff's attorneys with monthly statements of the receipts and expenditures of the receivership, together with a photocopy of the monthly statements received from said depository; and it is further, ORDERED,that said Receiver be and is authorized from time to time to rent or lease any terms not exceeding one (1) the Premises for part of required by the State of NewYork; to keep said Premises insured against year or such longer terms as may be loss by damageor fire; to pay the taxes, assessments, water rates, sewer rents, vault rents, salaries of employees, supplies and other charges; to comply with all the lawful requirements of any municipal

duties, and it is further, fulfill his/her shall ORDERED,that the Receiver may appoint an agent to manageand retain a security firm for of the Court.

That by reason of the foregoing default, the balance of monies secured by the Mortgage is now due and payable in the amount of $23,600,000.00 plus (i) interest at the rate provided for in the Loan Documents,

Based upon a rent roll dated March 6, 2023 and provided directly to the Plaintiff by defendant Edward Grant pursuant to the requirements of the Loan Documents, it is the Premises is approximately $55,951.36 per month, value of evidenced that the present $671,416.32 per annum.

There are also fifteen Control Board ("ECB") violations accrued against maintenance of the Premises as they relate DOBand failure to have the elevators inspected.

the Premises being foreclosed with three (3) commercial units and hence is not subject WHEREFORE,Plaintiff requests respectfully to the Residential Foreclosure Program.

Sworn to before methis day of October, 2024 JACQtiELINE DREYNOLDS Notary Public - State of New%fk No. 01RE6404394 Ouanfled in Westchester County MyCommission Expires Feb 16, 2028 .

... and it appearing that none of the Defendants is an infant, incompetent or absentee, or in the military, and that since the filing of the Notice of Pendency of this action on April 25, 2024, the Complaint has not been amendedin any manner ...