PUBLISHED DECISIONS

Back

Baez v Ende Realty Corp. Published Decision

By John M. Desiderio


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX: Part 1

Index #380934/07
Motion Cal. #
Motion Seq. #
DECISION/ORDER
Present:
Hon. Geoffrey Wright
Judge, Supreme Court

SANTABAEZ, Plaintiff(s),

-against-

ENDE REALTY COMPANY, LLC,
and ENDE REALTY CORP.,
Defendant(s).

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion to: vacate judgment and permit Chase Bank to intervene

 

PAPERS                                                                                                     NUMBERED
Notice of Motion, Affidavits & Exhibits Annexed                              1
Order to Show Cause, Affidavits & Exhibits
Answering Affidavits & Exhibits Annex                                               2
Replying Affidavits & Exhibits Annexed
Other (supporting affirmation of Ende) & Exhibits Annexed         3

 

Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:

Chase Bank moves to vacate the judgment in this matter, and permit Chase Bank to intervene. The Plaintiff obtained a default judgment against the Ende defendants, which own a certain a parcel of real estate located at 41-45 Elliott Place, in the Bronx. Chase is the current owner of a mortgage on the premises. Baez, seeking to enforce her judgment, is seeking to have the property sold. Chase moves to intervene on the ground that purchased a security interest in the property prior to the judgment that was awarded to Baez, and should have been made a party to this action.

It appears from the papers submitted to me, and from oral argument, that the efforts by Ende to fight the Plaintiff’s judgment have proved unavailing, that a major portion of the Plaintiff’s judgment has been paid, leaving the relatively minor balance of $15,000.00. During the course of the making of this motion, the Plaintiff has been stayed from going forward with enforcing her judgment.

After oral argument, and a review of the affirmations and exhibits, the motion of Chase is granted to the extent of declaring its interest in the property to be superior of that of the Plaintiff, and directing the Plaintiff, in the event of a sale in the enforcing of her judgment, to first pay Chase the amount due on its mortgage, should be proceeds be sufficient, before satisfying her own judgment. Chase is deemed a party to this action for the sole purpose of being accounted for at the foreclosure sale of the property. All stays, as well as my decision ofNovember 29,2010, are hereby vacated. This constitutes the decision and order of the court.

Dated: February 7, 2011

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS