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PRESENT:
HON. GERALD LEBOVITS
Justice
eee nnene nee en tenee enn ennenene nee nuenenneneennnnnnneenennnuanan X
HNY CLUB SUITE OWNERS ASSOCIATION
INC., BY AND THROUGH ITS BOARD OF
MANAGERS,
Plaintiff,
-against-
WILLIAM J. CHRISTENSEN; JUDITH R.
CHRISTENSEN; HNY CLUB SUITES OWNERS
ASSOCIATION, INC., NYH CONDOMINIUM,
Defendants.
ace eenneeenneennene ee nee een eneee enue nen teneneennnnnneneennne X
At an IAS Term Part of the
Supreme Court of the State of New
York held in and for the County of
New York at the Courthouse located
thereof at 60 Center Street, New York,
New York 10007 on this day
of , 2017.
Index No. 850229/2016
JUDGMENT OF
FORECLOSURE AND
SALE
UPON the reading and filing of the Notice of Motion for the Judgment of Foreclosure
and Sale dated October , 2017; the Notice of Lien recorded in the New York County
Clerk's Office on November 22, 2016 in CRFN #: 2016000413490 of Liens; and on all of the
papers and proceedings heretofore filed or had herein, and on reading and filing the Affirmation
of Regularity of Maria Sideris, Esq., dated April 28, 2017 and showing that cach and all of the
defendants herein have been personally served within this State with the summons in this action,
or have voluntarily appeared herein by their respective attorneys as appears from the affidavits of
service and notices of appearance now on file in the office of the Clerk of this Court; and
Upon the Affirmation in Support of Maria Sideris, Esq., dated October » 2017 and
the annexed Exhibits; andUpon proving that more than the statutory required days have elapsed since said
defendants were so served as aforesaid; and
That none of the other defendants has appeared, served any answer to the complaint, nor
had their time to do so been extended; and
That none of the defendants is an infant, incompetent, absentee or in military service; and
That the complaint herein and due notice of the pendency of this action, containing all the
particulars required to be stated therein, were duly filed in New York County Clerk's Office on
December 2, 2016, respectively; and have not been amended to add new parties or to embrace
teal property; and
An Order of Reference granted on May 26, 2017 and entered May 30, 2017 in the New
York County Clerk's Office; having been duly made to compute the amount due to the Plaintiff
upon the bond or note and lien set forth in the complaint and to examine and report whether the
licned premises can be sold in one parcel; and
Upon reading and filing the report of Gerald Khan, Esq., the Successor Referee appointed
herein, dated September 13, 2017 from which it appears that the sum of $12,063.97 was due
thereon as of June 7, 2017; and that the subject unit should be sold in one parcel; and
NOW, on Motion of DRUCKMAN LAW GROUP PLLC, attorneys for Plaintiff, it is
ORDERED, that Plaintiff's motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED, that the said report of the said Referee
dated September 13, 2017 be, and the same is hereby in all respects ratified and confirmed; and it
is further
ORDERED, ADJUDGED AND DECREED, that by accepting this appointment, the
Referee certifies that he is in compliance with Part 36 of the Rules of the Chief Judge (22NYCRR, Part 36), including, but no limited to, Sections 36.2(c) ("Disqualifications from
appointment"), and 36.2(d) ("Limitations on appointments based upon compensation"); and it is
further
ORDERED, ADJUDGED AND DECREED, that Gerald Khan, Esq., as the Successor
Referee appointed herein shall be paid $500.00 pursuant to CPLR § 8003(b); and it is further
ORDERED, ADJUDGED AND DECREED, that the Plaintiff is hereby awarded
judgment herein for the sum of $12,063.97 together with interest at the rate set forth in lien from
the date specified in the Referee's Report, together with legal interest from the date of entry
hereof, together with advances from the date specified in said report, plus the sum of
$ as taxed by the Clerk of the Court and hereby adjudged to the
Plaintiff for costs and disbursements of this action, with interest thereon from the date of entry
hereof, together with and additional allowance of $300.00 hereby awarded to Plaintiff in addition
to costs and disbursements, with interest thereon from the date of entry hereof; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff is hereby awarded attorney's
fees in the amount of $ 3 and it is further
ORDERED, ADJUDGED AND DECREED, that the subject unit described in the
Complaint in this action and as hereinafter described, or such part thereof as may be sufficient to
discharge the recorded Notice of Lien, the expense of the sale and the costs of this action as
provided by the Real Property Actions and Proceedings Law be sold in one parcel at public
auction in Room 130, Supreme Court, 60 Centre Street, New York, NY 10007 on any
Wednesday, excepting holidays, at 2:15 p.m.; in the County of New York, State of New York by
and under the direction of Gerald Khan, Esq., who is hereby appointed Successor Referee for
that purpose; that the said Referee gives public notice of the time of such sale in accordance withRPAPL § 231 and the practice of this Court in the Irish Echo;
That the Plaintiff or any other parties to this action may become the purchaser or
purchasers at such sale; that in case the Plaintiff shall become the purchaser at the said sale
Plaintiff shall not be required to make any deposit thereon; that said Referee executes to the
purchaser or purchasers on such sale a Deed of the premises sold; and that the purchaser shall be
required to pay the real estate transfer tax; and that in the event a party other than the Plaintiff
becomes the purchaser or purchasers at such sale they shall be required to tender a deposit of ten
percent (10%) of the purchase price in certified funds and the closing of title shall be had thirty
(30) days after such sale unless otherwise stipulated by all parties to the sale; and that in the
event the premises are located in a city having a population of 300,000 or more any liens or
encumbrances placed by a city agency which have priority over the foreclosed lien shall be paid
out of the proceeds of the sale in accordance with their priority according to law with such
interest or penalties which may have lawfully accrued thereon to the date of payment; and it is
further
ORDERED, ADJUDGED AND DECREED, that said Referee then deposits the
balance of said proceeds of sale in his own name as Referee in
and shall thereafter make the following payments and his/her checks drawn for that purpose shall
be paid by the said depository:
That in the absence of the designated Referee, the court will designate a substitute
Referee forthwith
1, The statutory fees of said Referee in the sum of $500.
2. The expenses of the sale and the advertising expenses as shown on the bills presented,and certified by said Referee to be correct, duplicate copies of which shall be left with
said depository.
3. Said Referee shall also pay to the Plaintiff or Plaintiff's counsel the sum of $12,063.97,
plus costs and disbursements in this action, with interest thereon from the date hereof,
together with an additional allowance of $300.00 hereby awarded to the Plaintiff in
addition to costs, with interest thereon from the date hereof; and together with the interest
thereon or so much thereof as the purchase money of the subject unit will pay of the same
together with any advances which Plaintiff has paid for taxes, insurance, principal and
interest and any other charges due to prior mortgages, or to maintain the premises
pending the consummation. of this foreclosure sale, all together with interest thereon
pursuant to the common charge lien.
4. $ the attorneys' fees hereinabove awarded to Plaintiff.
5. If such Referee intends to apply for a further allowance for his fees, he may leave upon
deposit such amount as will cover such additional allowance to await the further order of
the Court thereon after application duly made.
_ That in case the Plaintiff be the purchaser of said premises at said sale, or in the event
that the rights of the purchaser at said sale and the terms of sale under this judgment shall be
assigned to and be acquired by the Plaintiff, and a valid assignment thereof filed with said
Referee, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said
sale, but shall execute and deliver to the Plaintiff a deed or deeds of the premises sold upon the
payment to said Referee of the amounts specified above in items marked "1" and "2" and the
amounts of the aforesaid taxes, assessments, water charges or sewer rents, and interest or
penalties thereon, or in lieu of the payment of said last mentioned amounts, upon filing with saidReferee receipts of the proper municipal authorities showing the payment thereof; that the
balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the Plaintiff,
for Referee's fees, advertising expenses, and taxes, assessments, water charges or sewer rents,
shall be allowed to the Plaintiff and applied by said Referee upon the amounts due to the Plaintiff
as specified above in item marked "3" and that if after so applying the balance of the amount bid,
there shall be a surplus over and above the said amounts due to the Plaintiff, and that if after so
applying the balance of the Amount bid, there shall still be a surplus over and above said
amounts due to the Plaintiff, the Plaintiff shall pay to said Referee, upon delivery to Plaintiff of
said Referee's Deed, the amount of such surplus; that said Referee on receiving said several
amounts from Plaintiff shall forthwith pay therefrom said taxes, assessments, water charges and
sewer rents with interest and penalties thereon, unless the same have already been paid, and
shall then deposit the balance.
That said Referee takes the receipt of the Plaintiff or Plaintiff's attorney for the amounts
paid as hereinbefore directed in item marked "2" and file it with his report of sale; that he
deposits the surplus moneys, if any, with the New York County Treasurer within five days after
the same shall be received and be ascertainable to the credit of this action, to be withdrawn only
on the order of the Court, signed by a Justice of the Court; that the said Referee makes his report
of such sale under oath showing the disposition of the proceeds of the sale and accompanied by
the vouchers of the persons to whom payments were made and file it with the Clerk of the
County of New York within thirty (30) days after completing the sale and executing the proper
conveyance to the purchaser; and that if the proceeds of such sale be insufficient to pay the
amount reported due to the Plaintiff with interest and statutory costs and disbursements, along
with attorneys’ fees as aforesaid; and it is furtherORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one
parcel in "as is" physical order and condition, subject to any state of facts that an inspection of
the premises would disclose, any state of facts that an accurate survey of the premises would
show, any covenants, restrictions, declaration, reservations, easement, right of way, and public
utility agreements of record, any building and zoning ordinances of the municipality in which the
subject premises is located and possible violations of same, any rights of tenants or persons in
possession of the subject premises, prior liens of record, if any, except those liens addressed in
Section 1354 of the Real Property Actions and Proceedings law; and it is further
ORDERED, that the purchaser or purchasers at said sale be let into possession on
production of the Referee's Deed or Deeds;
ORDERED, ADJUDGED AND DECREED, that each and all of the defendants in this
action and all persons claiming under them, or any or either of them, after the filing of such
notice of pendency of this action, be and they are hereby forever barred and foreclosed of all
right, claim, lien, title, interest and equity of redemption in the said premises and each and every
part thereof.
THE FOLLOWING is a legal description of the said premises hereinbefore mentioned known
as 0.0381% undivided tenant in common interest in the Timeshare Unit identified as HNY Club
Suites Phase I located at 1335 Avenuc of the Americas, New York, New York 10019 (Block 1006
& Lot 1302), SEE SCHEDULE "A" ANNEXED.
THE SALE HEREIN SHALL BE SUBJECT TO any state of facts an accurate survey may show;
covenants, easements, agreements, and restrictions of record and to any violations thereof; to the
physical condition of any building or structure on the premises as of the date of sale hereunder;
to zoning ordinances, restrictions and regulations; to regulations of and to orders and violations
filed in any governmental departments or agencies; to possible rights of holders of security
agreements and financing statements, if any, of record; to all filed and unfiled liens and claims ofany governmental agency having jurisdiction over the premises; to the right of redemption of the
United States of America for 120 days from the date of sale.
Dated: EN TER
Hon. JSCINDEX NO, 850229/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HNY CLUB SUITE OWNERS ASSOCIATION INC., BY
AND THROUGH ITS BOARD OF MANAGERS,
Plaintiff,
-against-
WILLIAM J. CHRISTENSEN, et. al,
Defendants.
JUDGMENT OF FORECLOSURE AND SALE
Certified pursuant to 22NYCRR 130-1.1a
Maria Sideris, Esq.
DRUCKMAN LAW GROUP PLLC
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, New York 11590
Telephone: (516) 876-0800
Facsimile: (516) 876-0888
DLG File No.: 36994
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PRESENT: HON. GERALD LEBOVITS Justice eee nnene nee en tenee enn ennenene nee nuenenneneennnnnnneenennnuanan X HNY CLUB SUITE OWNERS ASSOCIATION INC., BY AND THROUGH ITS BOARD OF MANAGERS, Plaintiff, -against- WILLIAM J. CHRISTENSEN; JUDITH R. CHRISTENSEN; HNY CLUB SUITES OWNERS ASSOCIATION, INC., NYH CONDOMINIUM, Defendants. ace eenneeenneennene ee nee een eneee enue nen teneneennnnnneneennne X At an IAS Term Part of the Supreme Court of the State of New York held in and for the County of New York at the Courthouse located thereof at 60 Center Street, New York, New York 10007 on this day of , 2017. Index No. 850229/2016 JUDGMENT OF FORECLOSURE AND SALE UPON the reading and filing of the Notice of Motion for the Judgment of Foreclosure and Sale dated October , 2017; the Notice of Lien recorded in the New York County Clerk's Office on November 22, 2016 in CRFN #: 2016000413490 of Liens; and on all of the papers and proceedings heretofore filed or had herein, and on reading and filing the Affirmation of Regularity of Maria Sideris, Esq., dated April 28, 2017 and showing that cach and all of the defendants herein have been personally served within this State with the summons in this action, or have voluntarily appeared herein by their respective attorneys as appears from the affidavits of service and notices of appearance now on file in the office of the Clerk of this Court; and Upon the Affirmation in Support of Maria Sideris, Esq., dated October » 2017 and the annexed Exhibits; andUpon proving that more than the statutory required days have elapsed since said defendants were so served as aforesaid; and That none of the other defendants has appeared, served any answer to the complaint, nor had their time to do so been extended; and That none of the defendants is an infant, incompetent, absentee or in military service; and That the complaint herein and due notice of the pendency of this action, containing all the particulars required to be stated therein, were duly filed in New York County Clerk's Office on December 2, 2016, respectively; and have not been amended to add new parties or to embrace teal property; and An Order of Reference granted on May 26, 2017 and entered May 30, 2017 in the New York County Clerk's Office; having been duly made to compute the amount due to the Plaintiff upon the bond or note and lien set forth in the complaint and to examine and report whether the licned premises can be sold in one parcel; and Upon reading and filing the report of Gerald Khan, Esq., the Successor Referee appointed herein, dated September 13, 2017 from which it appears that the sum of $12,063.97 was due thereon as of June 7, 2017; and that the subject unit should be sold in one parcel; and NOW, on Motion of DRUCKMAN LAW GROUP PLLC, attorneys for Plaintiff, it is ORDERED, that Plaintiff's motion is granted; and it is further ORDERED, ADJUDGED AND DECREED, that the said report of the said Referee dated September 13, 2017 be, and the same is hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that by accepting this appointment, the Referee certifies that he is in compliance with Part 36 of the Rules of the Chief Judge (22NYCRR, Part 36), including, but no limited to, Sections 36.2(c) ("Disqualifications from appointment"), and 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, ADJUDGED AND DECREED, that Gerald Khan, Esq., as the Successor Referee appointed herein shall be paid $500.00 pursuant to CPLR § 8003(b); and it is further ORDERED, ADJUDGED AND DECREED, that the Plaintiff is hereby awarded judgment herein for the sum of $12,063.97 together with interest at the rate set forth in lien from the date specified in the Referee's Report, together with legal interest from the date of entry hereof, together with advances from the date specified in said report, plus the sum of $ as taxed by the Clerk of the Court and hereby adjudged to the Plaintiff for costs and disbursements of this action, with interest thereon from the date of entry hereof, together with and additional allowance of $300.00 hereby awarded to Plaintiff in addition to costs and disbursements, with interest thereon from the date of entry hereof; and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff is hereby awarded attorney's fees in the amount of $ 3 and it is further ORDERED, ADJUDGED AND DECREED, that the subject unit described in the Complaint in this action and as hereinafter described, or such part thereof as may be sufficient to discharge the recorded Notice of Lien, the expense of the sale and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold in one parcel at public auction in Room 130, Supreme Court, 60 Centre Street, New York, NY 10007 on any Wednesday, excepting holidays, at 2:15 p.m.; in the County of New York, State of New York by and under the direction of Gerald Khan, Esq., who is hereby appointed Successor Referee for that purpose; that the said Referee gives public notice of the time of such sale in accordance withRPAPL § 231 and the practice of this Court in the Irish Echo; That the Plaintiff or any other parties to this action may become the purchaser or purchasers at such sale; that in case the Plaintiff shall become the purchaser at the said sale Plaintiff shall not be required to make any deposit thereon; that said Referee executes to the purchaser or purchasers on such sale a Deed of the premises sold; and that the purchaser shall be required to pay the real estate transfer tax; and that in the event a party other than the Plaintiff becomes the purchaser or purchasers at such sale they shall be required to tender a deposit of ten percent (10%) of the purchase price in certified funds and the closing of title shall be had thirty (30) days after such sale unless otherwise stipulated by all parties to the sale; and that in the event the premises are located in a city having a population of 300,000 or more any liens or encumbrances placed by a city agency which have priority over the foreclosed lien shall be paid out of the proceeds of the sale in accordance with their priority according to law with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED AND DECREED, that said Referee then deposits the balance of said proceeds of sale in his own name as Referee in and shall thereafter make the following payments and his/her checks drawn for that purpose shall be paid by the said depository: That in the absence of the designated Referee, the court will designate a substitute Referee forthwith 1, The statutory fees of said Referee in the sum of $500. 2. The expenses of the sale and the advertising expenses as shown on the bills presented,and certified by said Referee to be correct, duplicate copies of which shall be left with said depository. 3. Said Referee shall also pay to the Plaintiff or Plaintiff's counsel the sum of $12,063.97, plus costs and disbursements in this action, with interest thereon from the date hereof, together with an additional allowance of $300.00 hereby awarded to the Plaintiff in addition to costs, with interest thereon from the date hereof; and together with the interest thereon or so much thereof as the purchase money of the subject unit will pay of the same together with any advances which Plaintiff has paid for taxes, insurance, principal and interest and any other charges due to prior mortgages, or to maintain the premises pending the consummation. of this foreclosure sale, all together with interest thereon pursuant to the common charge lien. 4. $ the attorneys' fees hereinabove awarded to Plaintiff. 5. If such Referee intends to apply for a further allowance for his fees, he may leave upon deposit such amount as will cover such additional allowance to await the further order of the Court thereon after application duly made. _ That in case the Plaintiff be the purchaser of said premises at said sale, or in the event that the rights of the purchaser at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff a deed or deeds of the premises sold upon the payment to said Referee of the amounts specified above in items marked "1" and "2" and the amounts of the aforesaid taxes, assessments, water charges or sewer rents, and interest or penalties thereon, or in lieu of the payment of said last mentioned amounts, upon filing with saidReferee receipts of the proper municipal authorities showing the payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the Plaintiff, for Referee's fees, advertising expenses, and taxes, assessments, water charges or sewer rents, shall be allowed to the Plaintiff and applied by said Referee upon the amounts due to the Plaintiff as specified above in item marked "3" and that if after so applying the balance of the amount bid, there shall be a surplus over and above the said amounts due to the Plaintiff, and that if after so applying the balance of the Amount bid, there shall still be a surplus over and above said amounts due to the Plaintiff, the Plaintiff shall pay to said Referee, upon delivery to Plaintiff of said Referee's Deed, the amount of such surplus; that said Referee on receiving said several amounts from Plaintiff shall forthwith pay therefrom said taxes, assessments, water charges and sewer rents with interest and penalties thereon, unless the same have already been paid, and shall then deposit the balance. That said Referee takes the receipt of the Plaintiff or Plaintiff's attorney for the amounts paid as hereinbefore directed in item marked "2" and file it with his report of sale; that he deposits the surplus moneys, if any, with the New York County Treasurer within five days after the same shall be received and be ascertainable to the credit of this action, to be withdrawn only on the order of the Court, signed by a Justice of the Court; that the said Referee makes his report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the persons to whom payments were made and file it with the Clerk of the County of New York within thirty (30) days after completing the sale and executing the proper conveyance to the purchaser; and that if the proceeds of such sale be insufficient to pay the amount reported due to the Plaintiff with interest and statutory costs and disbursements, along with attorneys’ fees as aforesaid; and it is furtherORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel in "as is" physical order and condition, subject to any state of facts that an inspection of the premises would disclose, any state of facts that an accurate survey of the premises would show, any covenants, restrictions, declaration, reservations, easement, right of way, and public utility agreements of record, any building and zoning ordinances of the municipality in which the subject premises is located and possible violations of same, any rights of tenants or persons in possession of the subject premises, prior liens of record, if any, except those liens addressed in Section 1354 of the Real Property Actions and Proceedings law; and it is further ORDERED, that the purchaser or purchasers at said sale be let into possession on production of the Referee's Deed or Deeds; ORDERED, ADJUDGED AND DECREED, that each and all of the defendants in this action and all persons claiming under them, or any or either of them, after the filing of such notice of pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said premises and each and every part thereof. THE FOLLOWING is a legal description of the said premises hereinbefore mentioned known as 0.0381% undivided tenant in common interest in the Timeshare Unit identified as HNY Club Suites Phase I located at 1335 Avenuc of the Americas, New York, New York 10019 (Block 1006 & Lot 1302), SEE SCHEDULE "A" ANNEXED. THE SALE HEREIN SHALL BE SUBJECT TO any state of facts an accurate survey may show; covenants, easements, agreements, and restrictions of record and to any violations thereof; to the physical condition of any building or structure on the premises as of the date of sale hereunder; to zoning ordinances, restrictions and regulations; to regulations of and to orders and violations filed in any governmental departments or agencies; to possible rights of holders of security agreements and financing statements, if any, of record; to all filed and unfiled liens and claims ofany governmental agency having jurisdiction over the premises; to the right of redemption of the United States of America for 120 days from the date of sale. Dated: EN TER Hon. JSCINDEX NO, 850229/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HNY CLUB SUITE OWNERS ASSOCIATION INC., BY AND THROUGH ITS BOARD OF MANAGERS, Plaintiff, -against- WILLIAM J. CHRISTENSEN, et. al, Defendants. JUDGMENT OF FORECLOSURE AND SALE Certified pursuant to 22NYCRR 130-1.1a Maria Sideris, Esq. DRUCKMAN LAW GROUP PLLC Attorneys for Plaintiff 242 Drexel Avenue Westbury, New York 11590 Telephone: (516) 876-0800 Facsimile: (516) 876-0888 DLG File No.: 36994