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NYCTL 1998-2 TRUST v. ALANIS REALTY LLC, et al

By Jackie Halpern Weinstein


SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, PART 21

NYCTL 1998-2 TRUST

-against-

ALANIS REALTY LLC, et al.,

Index No. 260269/2014

Hon. Ben R. Barbato, Justice Supreme Court

Notice of Motion – Order to Show Cause – Exhibits and Affidavits Annexed: No. 1

Answering Affidavit and Exhibits, Opposition, Cross Motion: No. 2, 3

Replying Affidavit and Exhibits: No. 4

Upon the foregoing papers, it is ordered that this motion by defendant Alanis Realty LLC to void the sale of the subject property designated on the tax map for Bronx Country as Block 2623, Lot 21 (the Property) and to vacate the default judgment is denied. Defendant Alanis Realty LLC has failed to demonstrate a reasonable excuse for its prolonged default and failure to act, or a meritorious defense to the underlying tax lien foreclosure. Alanis Realty LLC was properly served with the summons and complaint and notice of pendency in this action by personal delivery to the office of the Secretary of State, since under Limited Liability Company Law S303(a), “service of process on such limited liability company shall be completed when the Secretary of State is so served” Accordingly, defendant Alanis Realty LLC’s motion is denied in its entirety.

The cross motion to intervene by proposed intervenor defendant 598 Eagle Avenue LLC, the current owner of the real property that is the subject property, having been the winning high bidder at the auction and sale of the property on May 21, 2018, is denied as moot.

This constitutions the decision and order of the court.

Dated: 9/26/18

Hon. Ben R. Barbato

Original Decision

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS