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Mulberry Homes VI LLC v. Gargiulo, 15-CV-1913 (DRH)(GRB). (2018)

Court: District Court, E.D. New York Number: infdco20180928h70 Visitors: 8
Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DENIS R. HURLEY , District Judge . Presently before the Court is the Report and Recommendation of Magistrate Judge Gary R. Brown, dated August 30, 2018, recommending that the Court (1) grant the motion to amend the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding, LLC, New York State Department of Taxation and Finance, and the State of New York by the Incorporated Village of Garden City Justice Court; (2)
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ORDER ADOPTING REPORT AND RECOMMENDATION

Presently before the Court is the Report and Recommendation of Magistrate Judge Gary R. Brown, dated August 30, 2018, recommending that the Court (1) grant the motion to amend the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding, LLC, New York State Department of Taxation and Finance, and the State of New York by the Incorporated Village of Garden City Justice Court; (2) dismiss the IRS; (3) grant the judgment of foreclosure and sale as to the remaining defendants; (4) award plaintiff damages of $692,779.27; and (5) direct plaintiff to submit a revised Judgment of Foreclosure and Sale. The undersigned further recommends that the Court appoint a referee, who shall select the appropriate newspaper and bank to conduct the sale of the mortgaged premises in accordance with N.Y. Real Prop. Acts. Law. More than fourteen (14) days have passed since service of the Report and Recommendation and no objections have been filed.

Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the Court adopts the August 30, 2018 Report and Recommendation of Judge Brown as if set forth herein. Accordingly,

IT IS HEREBY ORDERED THAT (1) the motion to amend the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding, LLC, New York State Department of Taxation and Finance, and the State of New York by the Incorporated Village of Garden City Justice Court is granted; (2) the action is dismissed as against the IRS; (3) the motion for a judgment of foreclosure and sale as to the remaining defendants is granted and plaintiff is awarded damages of $692,779.27; and (5) plaintiff shall submit a revised proposed Judgment of Foreclosure and Sale consistent herewith under cover of letter on or before October 5, 2018.

SO ORDERED.

Source:  Leagle

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