Win Against HSBC and Steven J Baum Foreclosure Mill

8/9/2019 Win Against HSBC and Steven J Baum Foreclosure Mill

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MARI< M. MEDDAUGHActinR Supreme Court JusticeSullivan County Government Center00 North StreetMonticello, NY 12701(845) 807-0654/ (845) 794-8300 fax

Law ClerkSandra F. Heck, Esq.

July 26, 2010Steven J. Baum, P.c.P.O. Box 1291Buffalo, New York 14240-1291Mr. Jeffrey Miller108 Lakeshore Drive SouthRock Hill, New York 12775

Re: HSBC Bank, etc. v. Miller, et al.Index No. 4786-2008~I No. 52-28816-09

Dear Counsel and Mr. Miller:

Confidential SecretaryEvelyn D. Grese

Enclosed please find a copy of the signed Decision/Order and Order ofCancellation of Lis Pendens; relative to the above matter. PLEASE BEADVISED THATTHIS IS NOT THE NOTICE OF ENTRY DATE.The original Orders, tcgetherwith the supporting papers, have been forwardedto the Sullivan County Clerk's office for filing.The filing of these original documents by the Court does not relieve counsel

from the obligation to serve a copy of the documents, together with Notice of Entry,pursuant to CPLR 5513(a). Please contact the Sullivan County Clerk at 845-8070411 , to obtain the Notice of Entry date.Very truly yours,

EVELYN D. GRESEConfidential Secretary

Encs.cc: Sullivan County C,eri


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At a Special Term orthc Supremc Court orthc COUlltyof Sullivan held in the County Courthousc in the

of i'vlontieello, New York on the-Jo day01'- '~ ,20~ .PRESENT:liON. I\lARK]\1. i\!E\)Di\UCII. ./.S.c.

STATE OF NEW '{ORKSUPREivlE COURT: COUNTY OF SUI,UVi\N000 o_uuou_uo ou_uuu_uuou u nn. u __ u XI !SI3C BANK US!\. NATIONAL ASSOCIATION. ASTRUSTI:!: FOR WFf\LT 1007-1'/\02

PlaintitT.vs.JEITREY I;. 1\111.LER. nCMRD 01- ivli\Ni\CiEI{S 01Fivll:!Z;\ 1.1)G!U:EN PROPERTY O\\iNFICS;\SSOCIATION, INC...IP:'vIORG:\N CHASI: BANK.N.i\ ..JOliN DOE(said name being lictitious. it being tlwimention or Plaint irf 10 designate any and all occupantsof premises being foreclosed herein. and any parties.corporations or entities. if any. having or claiming aninterest or licn upon the mortgaged premises.)

Ddendant(s).uuuu uu_uoo _0 O_u 0 __ u ouu_u __ X

OR)) ER 0 F IttS{-;.{-)Nf.I-Nt.'. \ NeE ()+'7\-A=-tttr',~". CANCELLATION OFLIS PENDENSINDEX NO.: 47SfilOHivIORTGf\GED PREi\-lISES:10~SOUTH Li\KESIIORI: DRIVEROCK I IILL. NY 12775SUI. !i:52.!-1-20

UPON the re~lding and liling oj' tile Notice or i\/!otion dated ;\pril X. 2010. by Plaintifl's Counsel. Stevcn.I. l~aUIn. P.t' .. :V!cgan 13.Szeliga. I:sq .. fiH' a n Order Diseominuing this Action and Cancelling Lis I\:mlcns.

AN D. upon the i\rtinnal ion () r \kgan B. Szcl iga. J7sq .. dated ;\pril :-\. 20 I () ,;cUing !c)rth the h:1Sis Ii)! Ihe

ORDERED. that the PI;\imil'l's MOlion 10 E)i:;em.,l-i tIlKwo\c1.ioll-~nd- Cmcel Lis PL~ndens. is granted ill allrcspects: and it is fUl111cr


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ORDEIU:D. that the Counly Ckrk orSulliv:!n County is directed. upon paymenl or proper ICes. il"any. 10cancd and discharge a ccrtain !\otiee or Pendency likd in this action on the 15th day or December. 2008 againstproperly knowu as Section 52.1. lilock I. I.nt 29 and alsn knOWI! as 10S SOUTH LAKESHORE DRIVE. ROCKHILL. NY 12775. and said Clerk is hereby din.:cted to cuter upon the margin orthe record orlhe same a )\;otiee orCanedlat ion referring 10 this Order: ami it is fUrlher

OI{DERED. that the Ckrk nflhe County of Sullivan he servcd a copy or this Order with Notice of Entry_

VJ~"..{1/7 /f"'dd:~vl:\RK ivl. j\IEDD1\lKill. J.s~


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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF SULLIVAN----------------------------------------------------------------------------}(HSBC BANK USA, NATIONAL ASSOCIATION,AS TRUSTEE FOR WFALT 2007-P A023451 Hammond AvenueWaterloo, La 50704-5400,

Plaintiffs,-against-

JEFFREY F. MILLER, BCAi.RD OF MANAGERS,EMERALD GREEN PROPERTY OWNER'SASSOCIATION, INC., JP MORGAN CHASEBANK, N.A.,JOHN DOE, (said names being fictitious, it beingthe intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein,and any parties, corporations or entities, if any,having or claiming an interest or lien UpODthemortgaged premises,

Defendants._______________________________ a~' _ _,. )(

Motion Return Date: May 26. 2010RJI No. 52-28816 2009Index No. 4786 2008Acting Justice Mark M. Medd~}tIgh,presidingAppearances:Steven J. Baum, P.c.Allorneysfor Plaintiff220 Northpointe Parkway, Suite GAmherst, New York 14228By Megan B. Szeliga, Esq.Jeffrey MillerDefendant, Pro se108 Lakeshore Drive SouthRock Hill, New York 12775

DECISION/ORDER


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Meddaugh, J.:Inthis action to foreclose on amortgage, previously dismissed byDecision IOrder dated May

6,2009 for lack of standing of the Plaintiff to foreclose on the mortgage (motion to reargue deniedby Decision/Order dated October 28, 2009), Plaintiff seeks an order discontinuing the action andcancelling the lis pendens. Defendant, Emerald Green Property Owners Association. Inc., was dulyserved with the motion and did not respond. Defendant, J.P. Morgan Chase Bank, N.A., defaultedin the action and was not served \-viththis motion. Defendant Miller, does not oppose the motionand cross-moves for sanctions against Plaintiff for his litigation expenses incurred in defending thelawsuit and for punitive sanctions. Plaintiff did not oppose reasonable attorney's fees anddisbursements or otherwise respond to the cross-motion.

Plaintiff s motion to discontinue is denied asmoot, as the action was dismissed in its entiretyby Decision Order dated May 6, 2009. The motion to cancel the lis pendens is granted.

Defendant's cross-motion was incomplete when served on Plaintiff. Inresponse to Plaintiff sletter dated May 25, 2010, stating that it did not understand the relief requested, Defendant submitteda supplemental affidavit. Piaintiff responded by letter dated May 26, 2010, without opposingpayment of reasonable attorney's fees and disbursements.

The Court finds that b0th Plaintiff and its attorney engaged in frivolous conduct as definedby22 NYCRR 130-1.1(c)(!) i'1iila!the commencement of the lawsuit was completely without meritin law, as set forth in the May 6, 2009 and October 28, 2009 Decision/Orders of the Court, andcannot be supported by a reasonable argument for an extension, modification or reversal of existinglaw.

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Accordingly, the cross-motion for sanctions is granted to the extent that Defendant isawarded costs pursuant to 22 NYCRR 130-1.1(a), in the form ofreimbursement for his attorney'sfees and disbursements in the total sum of $1,640.00, as demonstrated by a copy of Defendant'sattorney's bill for services rendered herein. While no affidavit of services from the attorney wasprovided, the Court finds that the fee billed for preparation, service and filing of an answer and asuccessful motion to dismiss is reasonable for the services provided (see Matter of Freeman, 34NY2d 1;Matter o.fPotts, 231 App Div 59, aff'd 241 NY 593); the disbursement of $140.00 islikewise appropriate. This award of costs is hereby imposed one-half against Plaintiff and one-halfagainst Plaintiff's attorney, Sleven J. Baum, P.C. Payment of the award to Defendant Miller is tobe made within thirty (30) d~ys ofthe date of this Decision/Order.

Defendant has failed LO establish that punitive sanctions should be imposed and the crossmotion is denied to that extcm.

Therefore, it isORDERED that the l'IioHonto cancel the lis pendens is granted and the motion is denied as

moot in all other respects as above set forth, without costs, and it is furtherORDERED that the cross-motion is granted as to reasonable attorney's fees and

disbursements and is denied in all other respects as above set forth.This shall constitute the d~cision and order of the Court. The original Decision & Order and

all papers are being filed by thi~ Court with the Sullivan County Clerk's Office. The signing of thisorder shall not constitute entry tmder CPLR 2220. Counsel are not relieved from the provisions ofthat section regarding notice of entry.

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i\ separatc Order ofCanccllation of Lis Pendcns is signcd contemporaneollsly herewith fortiling with the Sulli\'

Win Against HSBC and Steven J Baum Foreclosure Mill

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