The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MIAMI HOME, LLC,
MEMORANDUM AND ORDER
Plaintiff,
Case No. 22-CV-1607 (FB) (JRC)
-against-
SALMA AHMED, SHAH ALAM,
CRIMINAL COURT OF THE CITY
OF NEW YORK, CITY OF NEW
YORK DEPARTMENT OF
TRANSPORTATION PARKING
VIOLATIONS BUREAU, CITY
OF NEW YORK ENVIRONMENTAL
CONTROL BOARD, and TRANSIT
ADJUDICATION BUREAU,
Defendants.
Appearances:
For the Plaintiff: For the Defendants:
ALAN H. WEINREB SALMA AHMED, pro se
Margolin, Weinreb & Nierer, LLP SHAH ALAM, pro se
165 Eileen Way, Suite 101 33-52 59th Street
Syosset, NY 11791 Woodside, NY 11377
BLOCK, Senior District Judge:
Defendant-Borrowers Salma Ahmed and Shah Alam requested that the
Court either set aside the Judgment of Foreclosure and Sale of their home pursuant
to Federal Rule of Civil Procedure 60(b), or, in the alternative, grant them the
opportunity to prepare a more formal motion and appear at a conference with the
Court. During a telephone conference on August 23, 2023, the Court encouraged
the parties to reach a voluntary accommodation before the scheduled auction on
August 24, 2023. However, after extensively discussing the possibility of reaching
an accommodation, the parties were unable to reach an agreement. Having
considered the three legal factors to determine whether to vacate a default
judgment, see Am. All. Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 59 (2d Cir. 1996), the
Court finds no legal basis for setting aside the Judgment of Foreclosure and Sale.
The Defendants’ request is denied.
SO ORDERED.
_/S/ Frederic Block____________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
August 23, 2023