FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 1213-12019
`
`NYSC:
`NYSCEF DOC. NO. 54
`3F DOC. NO. 54
`'
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`_______________________________________________________________________x
`
`
`
`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`RECEIVED NYSCEF: 12/16/2019
`R<.C«.IV«.D \IYSCEF: 12/1,6/2019
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`80 MONROE FUNDING LLC,
`
`-against-
`
`Plaintiff,
`
`Index No. 513914/2019
`
`ALICIA NOTICE OF SETTLEMENT
`RACHELLE
`LLC,
`510
`KORNBERG
`THOMPSON, AS ADMINISTRATOR OF THE ESTATE
`OF
`SYLVIA THOMPSON A/K/A SYLVIA P.
`
`THOMPSON, NEW YORK CITY ENVIRONMENTAL
`
`CONTROL BOARD, PARKING VIOLATION BUREAU
`OF THE CITY OF NEW YORK and “JOHN DOE #1
`
`twelve names being
`the last
`through JOHN DOE #12”,
`fictitious and unknown to Plaintiff, the persons or parties
`intended
`being
`the
`tenants,
`occupants,
`persons
`or
`corporations, if any, having or claiming an interest upon the
`premises described in the Complaint,
`
`Defendants.
`________________________________________________________________________X
`
`b B».[U\40(
`
`PLEASE TAKE NOTICE, that in accordance with the Oral Decision of the Honorable
`
`David B. Vaughan, J.S.C., rendered on October 23, 2019, Plaintiff’s Motion Seq. No. 001 was
`
`granted. Accordingly, the Proposed Order Appointing a Temporary Receiver in a Foreclosure
`
`Action annexed hereto as Exhibit “A”, will be presented for settlement and signature to the
`
`Honorable David B. Vaughan, J.S.C., at the Kings County Supreme Court, 360 Adams Street,
`
`Comm. Part 9, Courtroom 969, Brooklyn, New York, 1 1201 on Wednesday, November 13, 2019
`
`at 2:15 p.m.
`
`Dated: New York, New York
`
`October 24, 2019
`
`KRISS & FEUERSTEIN LLP
`
`Attorneys for Plaintifif
`
`
`
`12) 661-2900
`
`To:
`
`SHAROVA LAW FIRM
`
`Yelena Sharova, Esq.
`Bruce Provda, Esq.
`Attorneys for Defendants, KORNBERG 510 LLC and RACHELLE ALICIA THOMPSON,
`AS ADMINISTRATOR OF THE ESTA TE OF SYL VIA THOMPSON A/K/A SYLVIA P.
`
`THOMPSON
`
`147 Prince Street, 4th Floor
`Brooklyn, New York 11201
`
`
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 12m2019
`NYSC 3F DOC. NO. 54
`NYSCEF DOC. NO. 54
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`IND
`EX NO.
`513914/2019
`INDEX NO. 513914/2019
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`12/15/2019
`RECEIVED NYSCEF: 12/16/2019
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 12m2019
` 3F DOC. NO. 54
`NYSCEF DOC. NO. 54
`NYSCI
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`IND
`EX NO .
`513914/2019
`INDEX NO. 513914/2019
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` \IYSCI
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` «IIV-4 .D
` 3F:
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`12/16/2019
`RECEIVED NYSCEF: 12/16/2019
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`Exhibit A
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`(Immediately Follows This Page)
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`3 of 10
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 12113-12019
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`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 54
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`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`RECEIVED NYSCEF: 12/16/2019
`R«C«IV«D VYSCEF: 12/16/2019
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`
`
`At Comm. Part 9 of the Supreme Court of
`the State of New York held in and for Kings
`County, 360 Adams Street, Brooklyn, New
`ork
`11201
`on
`the
`”4"” day
`of
`Outlaw
`,201 .
`
`P R E S E N T: HON. DAVID B. VAUGHAN, J.S.C.
`——————————————————————————————————————————————————————————————————————————X
`
`80 MONROE FUNDING LLC,
`
`-against-
`
`Plaintiff,
`
`Index No. 513914/2019
`
`KORNBERG 510 LLC, RACHELLE ALICIA THOMPSON,
`AS ADMINISTRATOR OF THE ESTATE OF SYLVIA
`
`ORDER APPOINTING A
`TEMPORARY RECEIVER IN
`
`THOMPSON A/K/A SYLVIA P. THOMPSON, NEW YORK
`
`A FORECLOSURE ACTION
`
`CITY ENVIRONMENTAL CONTROL BOARD, PARKING
`VIOLATION BUREAU OF THE CITY OF NEW YORK and
`“JOHN DOE #1 through JOHN DOE #12”, the last twelve
`names being fictitious and unknown to Plaintiff, the persons
`or parties intended being the tenants, occupants, persons or
`corporations, if any, having or claiming an interest upon the
`premises described in the Complaint,
`
`Defendants.
`-------------------------------------------------------------------------- X
`
`(«3
`ED;
`i=3
`C"
`_.-
`3,.
`
`‘53
`n:
`.J
`
`"j
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`3.
`
`'1‘“:
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`Upon the Summons (the “Summons”) and Verified Complaint in a Foreclosure Action
`
`(the “‘Complaint”) herein, filed in the Office of the Kings County Clerk on June 24, 2019, and
`
`upon reading and filing the annexed affirmation of Michael J. Bonneville, Esq. dated August 21,
`
`2019,
`
`the Affidavit of Doris Shen sworn to on August 15, 2019, and it appearing to the
`
`satisfaction of the Court that this action is brought to foreclose a mortgage lien upon certain
`
`premises situated in Kings County, that in and by said mortgage lien it was covenanted that if
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`Defendant failed to comply with the covenants and conditions set forth in the Loan Documents,
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`the entire balance of the principal secured, together with all interest thereon shall immediately
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`become due and payable and upon default, the rents and profits of the said mortgaged premises
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`were thereby assigned to the mortgagee; and it was further covenanted that the mortgagee should
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 1213-12019
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`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 54
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`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`RECEIVED NYSCEF: 12/16/2019
`R«C«IV«D VYSCEF: 12/16/2019
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`be at liberty immediately after any such default, upon commencement of proceedings for the
`
`foreclosure of said Mortgage to apply for the appointment of a Temporary Receiver without
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`notice, and that the mortgagee should be entitled to the appointment of such Temporary Receiver
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`as a matter of right, without consideration of the value of the mortgaged premises or the solvency
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`of any person or persons liable for the payment of such amounts;
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`that said Mortgage is a
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`mortgage lien, and the Defendant has failed to comply with the terms and provisions of the Loan
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`Documents by, among other things, failing to make the monthly payments on the Loan, which
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`became due beginning on April 1, 2018, and all subsequent months thereafter, and said amounts
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`remain unpaid and in default (the “Event of Default”). All grace periods allowed in the Loan
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`Documents have passed, the default has not been cured, and the Loan is now immediately due
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`and payable in full. The present unpaid principal balance due under the Loan Documents is
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`$1,550,000.00, with interest accruing at the default rate of 18.00% (the “Default Rate”) per
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`annum from April 1, 2018, and thereafter. The present amounts due under the Loan Documents,
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`as set forth in the Summons and Complaint,
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`in connection therewith and that the mortgaged
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`premises situated in Kings County, as more fully set forth in the property description contained
`
`in the Mortgage, is required to have a Temporary Receiver to preserve and protect the mortgaged
`
`property; and that
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`the appointment of a Temporary Receiver is necessary to ensure the
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`mortgaged property is not lost or materially injured, for the protection of the plaintiff and the
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`preservation of the value of the mortgaged property; it is now
`
`3
`ORDERED,
`that
`Z”
`
`
`
`
`
` Fiduciary ID. No.
`XP
`31.3 302,
`I402 [xi/hire st‘amg
`
`be and is hereby appointed, with the
`"
`.Q,
`/l/ 7 [I352
`
`
`767’
`3
`sue/Ejpowers and directiorg> émporary Receiver for the benefit of 80 MONROE FUNDING
`
`of
`
`LLC of all the rents and profits now due and unpaid or become due during the pendency of this
`
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`Ffififiifiwkinéé COUNTY CLERK 12 2019
`FILED: KINGS COUNTY CLERK 12/11/2019
`
`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 54
`_
`
`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`RECEIVED NYSCEF: 12/16/2019
`R«C«IV«D vYSCEF: 12/16/2019
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`action and issuing out the mortgaged property mentioned in the Complaint, known by street
`
`address 80 Monroe Street, Brooklyn, New York 11216 (Block: 1988, Lot: 9)
`
`(the
`
`“Property”), and it is further,
`
`ORDERED, that the Temporary Receiver is authorized to forthwith take charge and enter
`
`into possession of the property, and it is further,
`
`ORDERED, that before entering upon his duties, said Temporary Receiver shall be sworn
`
`to fairly and faithfully discharge the duties committed to him and shall execute to the People of
`
`the State of New York and file with the Clerk of this Court an undertaking in the penal sum of
`
`Q l $901 Zconditioned for the faithful discharge of his duties as such Temporary Receiver,
`and it is further,
` ORDERED, that said Temporary 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 therefore, inclusive of the mortgagor, all the rents and license fees thereof now due
`
`or unpaid or hereafter to become fixed or due, and that said Temporary 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 the tenants and occupants to
`
`attorn to the Temporary Receiver; and it is further,
`
`ORDERED,
`
`that
`
`the Temporary 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 General Obligation Law section 7-105, anybody holding
`
`any deposits or advances of rental as security under any lease or license agreement affecting
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`FILED: KINGS COUNT}? CLERK 12 2019
`FILED: KINGS COUNTY CLERK 12/11/2019
` 3F DOC. NO. 54
`NYSC
`NYSCEF DOC. NO. 54
`
`INDEX NO. 513914/2019
`INDEX NO. 513914/2019
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`R<.C«.IV«.D \IYSCEF: 12/16/2019
`RECEIVED NYSCEF: 12/16/2019
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`space in the premises affected by this action shall turn same over to said Temporary Receiver
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`within five (5) days after said Temporary Receiver shall be qualified; and thereupon the said
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`Temporary Receiver shall hold such security subject to such disposition thereof as shall be
`
`provided in an Order of the Court to be made and entered in this action; and it is further,
`
`ORDERED,
`
`that anybody in possession of same shall
`
`turn over to said Temporary
`
`Receiver all rent lists, orders, unexpired and expired leases, agreements, correspondence, notices
`
`and registration statements relating to rental spaces or facilities in the premises; and it is further,
`
`ORDERED, that notwithstanding anything to the contrary contained in this order, the
`
`Temporary Receiver shall not, without the further, prior order of this Court, upon prior notice to
`
`the plaintiff, make improvements or substantial repairs to the property at a cost in excess of
`
`$1,000.00; and it is further,
`
`ORDERED, that said Temporary Receiver forthwith deposit all monies received by him
`
`
`
`
`same
`receives
`he
`time
`the
`at
`W \Ade‘AMDWNYo-vk’
`
`in
`
`his
`
`own
`
`name
`
`as Temporary Receiver
`
`in
`
`1 21" fl)?MME wk and the Temporary Receiver shall furnish
`ma kw surefire,
`plaintiff s attorneyslkwith 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 Temporary Receiver be and is authorized from time to time to rent
`
`and lease any part of the premises for terms not exceeding one (1) year or such longer terms as
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`may be required by the City and State of New York; to keep said premises insured against loss
`
`by damage or fire; to pay the taxes, assessments, water rates, sewer rates, vault rents, salaries of
`
`employees, supplies and other charges;
`
`to comply with all
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`the lawful requirements of any
`
`municipal department or other authority of the municipality in which the mortgaged premises are
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 1213-12019
`
`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 54
`
`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`R<.C«.IV«.D \IYSCEF: 12/.16/2019
`RECEIVED NYSCEF: 12/16/2019
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`situated; and to procure such fire, plate glass, liability and other insurance as may be reasonably
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`necessary; and it is further,
`
`ORDERED, that the tenants, licensees or other persons in possession of said premises
`
`attorn to said Temporary Receiver and pay over to said Temporary Receiver all rents, license
`
`fees, and other charges of such premises now due and unpaid or that may hereafter become due;
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`and that the defendants be enjoined and restrained from collecting the rents, license fees and
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`other charges of said premises from interfering in any manner with the property or its possession;
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`and from transferring, removing or in any way disturbing and of the occupants or employees; and
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`that all tenants, occupants, employees and licensees of the premises and other persons liable for
`
`the rents be and hereby are enjoined and restrained from paying any rent or license fees or other
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`charges for such premises to the defendants, their agents, servants or attorneys; and it is further,
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`ORDERED, that the Temporary Receiver is prohibited from incurring obligations in
`
`excess of the monies in his hands without further Order from this Court or written consent of the
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`Plaintiff s attorney; and it is further,
`
`ORDERED, that the Owner turn over to the Temporary Receiver all rents collected from
`
`and after the date of this Order; and it is further,
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`ORDERED, that all persons now and hereafter in possession of said premises, or any part
`
`thereof, and not holding such possession under valid and existing leases or tendencies, do
`
`forthwith surrender such possession to said Temporary Receiver, subject to emergency laws, if
`
`any, and it is further,
`
`ORDERED, that said Temporary Receiver after paying the expenses of the management
`
`and care of the said premises as above provided retain the balance of the monies which may
`
`come into his hands until the sale of the said premises under the judgment to be entered in this
`
`action and/or until further Order of this Court, and it is further,
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 1213-12019
`
`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 54
`
`INDEX NO. 513914/2019
`INDEX NO- 513914/2019
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`
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`
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`RECEIVED NYSCEF: 12/16/2019
`R<.C«.IV«.D \IYSCEF: 12/;6/2019
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`ORDERED, that said Temporary Receiver, or any party hereto, may at any time, on the
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`proper notice to all parties who may have appeared in this action, apply to this Court for further
`
`and other instructions or powers necessary to enable said Temporary Receiver to properly fulfill
`
`his duties, and it is further,
`
`ORDERED,
`
`that the appointee named herein shall comply with Section 35a of the
`
`Judiciary Law, Sections 6401-6404 of the CPLR, Section 1325 of the RPAPL and Rule 36 of the
`
`Chief Judge.
`
`
`
`
`
` TO \
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`NOT WITHSTANDING ANY OTHER PROVISION OF THIS ORDER TO THE
`
`f
`
`CONTRARY, THE TEMPORARY RECEIVER SHALL NOT APPOINT AN ATTORNEY,
`
`[x APPRAISER, AUCTIONEER OR ACCOUNTANT WITHOUT PRIOR ORDER OF THIS
`
` HON. David B. Vaugha
`l33061%?!
`
`“a: fl
`
`06281
`
`"t 5?
`
`L2:635Wll3
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`FILED: KINGS COUNTY CLERK 12/11/2019
`FILED: KINGS COUNTY CLERK 1213-12019
`NYSCEF DOC. NO. 54
`NYSCEF DOC. NO. 5491‘ 0/
`3 '
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`I00
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`INDEX NO. 513914/2019
`INDEX NO- 5139}4/201_9
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`RECEIVED NYSCEF: 12/16/2019
`RECEIVED \IYSCEF: 12/16/2019
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`‘
`.
`.
`_
`Index No. 513914/2019
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`
`80 MONROE FUNDING LLC,
`
`-against-
`
`Plaintiff,
`
`KORNBERG 510 LLC, RACHELLE ALICIA THOMPSON, AS ADMINISTRATOR OF THE
`ESTATE OF SYLVIA THOMPSON A/K/A SYLVIA P. THOMPSON, NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD, PARKING VIOLATION BUREAU OF THE CITY OF
`NEW YORK and “JOHN DOE #1 through JOHN DOE #12”, the last twelve names being fictitious and
`unknown to Plaintiff,
`the persons or parties intended being the tenants, occupants, persons or
`corporations, if any, having or claiming an interest upon the premises described in the Complaint,
`
`Defendants.
`
`
`NOTICE OF SETTLEMENT
`
`
`KRISS & FEUERSTEIN LLP
`ATTORNEYS AT LAW
`
`Attorneys for Plaintiff
`360 LEXINGTON AVENUE, SUITE 1200
`NEW YORK, NEW YORK 10017
`PHONE: (212) 661-2900
`FAX:(212)661-9397
`
`
`Pursuant to 22 NYCRR 130-1.], the undersigned, an attorney admitted to practice in the courts of New York State,
`certifies that, upon information and belief and reasonable inquiry,
`the contentions contained in the annexed
`document are not frivolous.
`
`Dated:
`
`Signature:
`
`Print Signer’s Name:
`
`
`Service of a copy of the within
`Dated:
`
`is hereby admitted.
`
`Attorney(s) for Defendant
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