The opinion
Board of Mgrs. of Liberty Terrace Condominium v
Little
2024 NY Slip Op 33593(U)
October 7, 2024
Supreme Court, New York County
Docket Number: Index No. 160474/2023
Judge: Louis L. Nock
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
FILED: NEW YORK COUNTY CLERK 10/09/2024 04:53 PM INDEX NO. 160474/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LOUIS L. NOCK PART 38M
Justice
---------------------------------------------------------------------------------X INDEX NO. 160474/2023
THE BOARD OF MANAGERS OF LIBERTY TERRACE
CONDOMINIUM, MOTION DATE 02/01/2024
Plaintiff, MOTION SEQ. NO. 001
-v-
MICHAEL LITTLE, CRIMINAL COURT OF THE CITY OF
NEW YORK, NEW YORK SUPREME COURT, NY STATE
DEPARTMENT OF TAXATION AND FINANCE,
ENVIRONMENTAL CONTROL BOARD OF THE CITY OF DECISION + ORDER ON
NEW YORK, PARKING VIOLATION BUREAU OF THE MOTION
CITY OF NEW YORK, TRANSIT ADJUDICATION BOARD
OF THE CITY OF NEW YORK, and JOHN DOE # 1 THRU
JOHN DOE # 5,
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document numbers (Motion 001) 16, 17, 18, 19, 20,
21, 22, 23, 24, 25, 26, 27, and 28
ORDER OF REFERENCE/REFERENCE TO
were read on this motion for COMPUTE .
LOUIS L. NOCK, J.S.C.
Plaintiff commenced this action to foreclose a lien for unpaid common charges upon Unit
15E in the condominium located at 380 Rector Place, New York, New York, owned by
defendant Michael Little. “Such lien may be foreclosed by suit authorized by and brought in the
name of the board of managers, acting on behalf of the unit owners, in like manner as a mortgage
of real property” (Real Property Law § 339-aa). Plaintiff now seeks a default judgment against
defendants, the appointment of a referee to compute the amount due on the lien, and the
appointment of a receiver to collect statutory rent on the unit.
A plaintiff that seeks entry of a default judgment for a defendant's failure to answer must
submit proof of service of the summons and complaint upon the defendant, proof of the facts
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Motion No. 001
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FILED: NEW YORK COUNTY CLERK 10/09/2024 04:53 PM INDEX NO. 160474/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/08/2024
constituting the claim, and proof of the defendant's default (CPLR 3215). “The standard of proof
is not stringent, amounting only to some firsthand confirmation of the facts” (Feffer v Malpeso,
210 AD2d 60, 61 [1st Dept 1994]). “[D]efaulters are deemed to have admitted all factual
allegations contained in the complaint and all reasonable inferences that flow from them”
(Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]). Nevertheless, “CPLR 3215 does
not contemplate that default judgments are to be rubber-stamped once jurisdiction and a failure
to appear have been shown. Some proof of liability is also required to satisfy the court as to the
prima facie validity of the uncontested cause of action” (Guzetti v City of New York, 32 AD3d
234, 235 [1st Dept 2006] [internal quotations and citations omitted]).
Here, plaintiff submits the affidavits of service upon the non-appearing defendants
(NYSCEF Doc. Nos. 3-14), the affidavit of its managing agent (NYSCEF Doc. No. 18), the
declaration and by-laws of the condominium (NYSCEF Doc. No. 19), defendant Little’s deed for
Unit 15E (NYSCEF Doc. No. 20), the lien for unpaid common charges and other fees (NYSCEF
Doc. No. 21), the ledger for Unit 15E (NYSCEF Doc. No. 23), and the affirmation of its counsel
Scot Mackoff, Esq., who attests that none of the defendants have appeared or answered the
complaint (Mackoff affirmation, NYSCEF Doc. No. 17, ¶¶ 30-33). The documentary evidence
establishes that Little ceased paying common charges and assessments in June 2023, which
unpaid balance continues to accrue, along with late fees and legal fees as provided by the by-
laws. Accordingly, plaintiff is entitled to a default judgment against defendants.
THEREFORE, upon the documents referenced above, and upon the summons, complaint,
and lis pendens duly filed with the Clerk of the County of New York on October 26, 2023, and
the plaintiff having appeared by its attorneys Mitofsky Shapiro Neville & Hazen, LLP, and
defendants Michael Little, Criminal Court of the City of New York, New York Supreme Court,
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Motion No. 001
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FILED: NEW YORK COUNTY CLERK 10/09/2024 04:53 PM INDEX NO. 160474/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/08/2024
New York State Department of Taxation and Finance, the Environmental Control Board of the
City of New York, Parking Violation Bureau of the City of New York, and Transit Adjudication
Board of the City of New York having defaulted in appearance, and due deliberation having been
had upon the above cited papers,
NOW, upon motion of Mitofsky Shapiro Neville & Hazen LLP, attorneys for plaintiff, it
is hereby
ORDERED that the motion of plaintiff the Board of Managers of Liberty Terrace
Condominium for default judgment against defendants Michael Little, Criminal Court of the City
of New York, New York Supreme Court, New York State Department of Taxation and Finance,
the Environmental Control Board of the City of New York, Parking Violation Bureau of the City
of New York, and Transit Adjudication Board of the City of New York is granted, on default and
without opposition; and it is further
ORDERED that Lawrence B. Goodman, Esq., with an office at 419 Park Avenue South,
Suite 1007, New York, NY 10016, is hereby appointed Referee to ascertain and compute the
amount due upon the lien which this action was brought to foreclose, and to examine and report
whether the liened premises can be sold in one parcel; and it is further
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Motion No. 001
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FILED: NEW YORK COUNTY CLERK 10/09/2024 04:53 PM INDEX NO. 160474/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/08/2024
ORDERED that defendants captioned “John Doe # 1 through John Doe # 5” are not
necessary parties defendant and should be excised from the caption, and the caption is amended
to read as follows, without prejudice to any of the proceedings heretofore had herein:
“----------------------------------------------------------------------------------X
THE BOARD OF MANAGERS OF LIBERTY TERRACE
CONDOMINIUM,
Plaintiff,
- v-
MICHAEL LITTLE, CRIMINAL COURT OF THE CITY OF
NEW YORK, NEW YORK SUPREME COURT, NY STATE
DEPARTMENT OF TAXATION AND FINANCE,
ENVIRONMENTAL CONTROL BOARD OF THE CITY OF
NEW YORK, PARKING VIOLATION BUREAU OF THE CITY
OF NEW YORK, and TRANSIT ADJUDICATION BOARD OF THE
CITY OF NEW YORK,
Defendants.
-----------------------------------------------------------------------------------X”; and it is further
ORDERED that upon the issuance of the Referee’s report and confirmation of same,
plaintiff Board of Managers of Liberty Terrace Condominium may seek a final judgment of
foreclosure and sale;1 and it is further
ORDERED that a copy of this order with notice of entry shall be served upon the Clerk
of the County and the Clerk of the General Clerk’s Office (Room 119), who are hereby directed
to mark their records to reflect the amended caption; and it is further
ORDERED, that the Plaintiff Board of Managers of the Liberty Terrace Condominium
shall serve a copy of this Order upon the Referee appointed herein, and upon defendant Michael
Little.
1
Plaintiff’s request is held in abeyance until the issuance of a final judgment of foreclosure and sale, as the rent due
pursuant to Real Property Law § 339-aa is due for the period between issuance of a judgment and the actual sale of
the property.
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Motion No. 001
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FILED: NEW YORK COUNTY CLERK 10/09/2024 04:53 PM INDEX NO. 160474/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/08/2024
This constitutes the decision and order of the court.
ENTER:
10/7/2024 $SIG$
DATE LOUIS L. NOCK, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
□
GRANTED DENIED X GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
□
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
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Motion No. 001
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