Eastern Savings Bank, FSB v. Strez et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judgment shall enter in favor of plaintiff and against the Strezes in the amount of$587,615.47, representing $400,000.00 for the principal amount due on the mortgage note; $170,199.41 for acc rued interest calculated through August 5, 2013, at the rates specified in the Addendum to the mortgage note; $6,589.36 in late fees; $9,487.50 in attorneys' fees; and $1,339.20 in costs and expenses. Additionally, default judgm ent should be entered against the ECB foreclosing its interest in the premises. Finally, plaintiff's request for anticipated attorneys' fees is denied, but plaintiff is granted leave to file a motion to amend the judgment to seek additiona l attorneys' fees after they are incurred, in connection with publication, appearance at the foreclosure sale and preparation of the referee's deed and supporting documentation. The Clerk of Court is directed to enter judgment and to close this case for administrative purposes.. Ordered by Judge Eric N. Vitaliano on 12/16/2013. (Marziliano, August)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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EASTERN SA V!NGS BANK, FSB,

Plaintiff,

MEMORANDUM &
ORDER

-against11-cv-1543 (ENV) (LB)
PETER K. STREZ, CATHERINE A. STREZ
A/KIA CATHERINE A KELLEY, CITY OF
NEW YORK ENVIRONMENTAL CONTROL
BOARD and "JOHN DOE #lthrough JOHN
DOE #12", the last twelve names being fictitious
and unknown to plaintiff, the
persons or parties intended being the tenants,
occupants, persons or corporations, if any,
having or claiming interest upon the premises
described in the Complaint,
Defendants.

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VIT ALIANO, D.J.
Plaintiff Eastern Savings Bank, FSB ("Eastern") brought this diversity action
against defendants Peter Strez, Catherine Strez a/k/a Catherine Kelley, the City of
New York Environmental Control Board ("ECB") and 12 John Doe defendants to
foreclose its lien on the Strezes' home located at 105-07 72nd Avenue, Forest Hills,
NY 11375 (the "premises"). By Order dated July 22, 2013, this Court granted
summary judgment in favor of Eastern~ and granted Eastern 's motion to dismiss the
12 John Doe defendants and hold the ECB in default. This Court referred the
matter to Magistrate Judge Bloom in accordance with 28 U.S.C. § 636(b) to

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determine the amount of the judgment to be entered on behalf of the plaintiffs. 1
(Dkt. No. 41.) Judge Bloom's Report and Recommendation on damages (the
"R&R") issued on November 12, 2013, with objections due by November 27, 2013.
No objections have been filed.
In reviewing a report and recommendation of a magistrate judge, a district
judge "may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). Further, a
district judge is required to "determine de novo any part of the magistrate judge's
disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3); see also

Arista Records, LLC v. Doe 3, 604 F.3d 110, 116 (2d Cir. 2010). Where, as here, no
timely objection has been made, the "district court need only satisfy itself that there
is no clear error on the face of the record" to accept a magistrate judge's report and
recommendation. Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)
(quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
With no objections having been filed, after careful review of the record, the
Court finds the R&R to be correct, well-reasoned, and free of any clear error. The
Court, therefore, adopts the R&R in its entirety as the opinion of the Court.
Conclusion
In line with the foregoing, judgment shall enter in favor of plaintiff and
against the Strezes in the amount of$587,615.47, representing $400,000.00 for the

The matter was originally referred to Judge Go in error. (See Dkt. entry dated August I,
2013.)
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principal amount due on the mortgage note; $170,199.41 for accrued interest
calculated through August 5, 2013, at the rates specified in the Addendum to the
mortgage note; $6,589.36 in late fees; $9,487.50 in attorneys' fees; and $1,339.20 in
costs and expenses. Additionally, default judgment should be entered against the
ECB foreclosing its interest in the premises. Finally, plaintiff's request for
anticipated attorneys' fees is denied, but plaintiff is granted leave to file a motion to
amend the judgment to seek additional attorneys' fees after they are incurred, in
connection with publication, appearance at the foreclosure sale and preparation of
the referee's deed and supporting documentation.
The Clerk of Court is directed to enter judgment and to close this case for
administrative purposes.
SO ORDERED.
Dated: Brooklyn, New York
December 16, 2013

United States District Judge

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