CIT Bank, N.A. v. Coombes et al

Filing 26

MEMORANDUM OF DECISION & ORDER: It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections fo r clear error). Accordingly, the R&R is adopted in its entirety. The Plaintiff's motion for default judgment is granted in part and denied in part as recommended by the R&R. The Court selects Elizabeth Gill, Esq., as the referee. The Plaintiff is directed to submit a proposed judgment consistent with the R&R no later than fourteen days from the issuance of this order. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 6/18/2019. (Coleman, Laurie)

FILED 
CLERK 

10:28 am, Jun 18, 2019

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CIT BANK, N.A.,
Plaintiff,

MEMORANDUM OF
DECISION & ORDER
2:17-cv-05871 (ADS) (SIL)

-againstJEFFREY COOMBES, DIANE A. COOMBES
also known as DIANE COOMBES also known
as DIANE A. ROCKWOOD, and VELOCITY
INVESTMENTS, LLC,
Defendants.
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APPEARANCES:

Bronster, LLP
Attorneys for the Plaintiff
156 West 56th Street Suite 1801
New York, NY 10019
By:
Adam Philip Briskin, Esq., Of Counsel.
SPATT, District Judge:
On October 6, 2017, the Plaintiff commenced the instant action against the Defendants
seeking, inter alia, to foreclose on a mortgage encumbering the property located at 11 Everett
Street, Valley Stream, New York 11580 (the “Subject Property”).
On January 10, 2018, after Defendants failed to answer or otherwise respond, the Clerk of
the Court entered default pursuant to Federal Rule of Civil Procedure 55(a) as to all Defendants.
On December 11, 2018, the Plaintiff filed the instant motion for default judgment.
On December 13, 2018, the Court referred the motion to United States Magistrate Judge
Steven I. Locke for a Report and Recommendation as to as to whether the motion for default
judgment should be granted, and if so, what relief, if any, should be awarded.
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On May 23, 2019, Judge Locke issued a Report and Recommendation (“R&R”)
recommending as follows:
[T]he Court respectfully recommends that Plaintiff’s motion for default judgment
against the Coombeses be granted in part and denied in part, and that CIT be
awarded: (i) $505,577.31 in unpaid principal; (ii) $20,680.30 in accrued interest,
plus additional per diem interest of $43.29 from October 15, 2018 until the date on
which judgment is entered and post-judgment interest thereafter; (iii) $4,235 in
recoverable costs; (iv) $20,705.82 is escrow advances; (v) $362.74. in late fees; (vi)
$5,724.50 in attorneys’ fees; and (vii) $1,645 in litigation costs, for total damages
of $558,930.67 plus continuing interest. The Court further recommends that
Plaintiff propose three candidates to Judge Spatt so that he may select one to act as
referee, and that the Subject Property be foreclosed and sold with the proceeds to
be applied to the amount due under the Note. Finally, the Court recommends that a
default judgment against Velocity is appropriate such that its interest, if any, in the
Subject Property should be extinguished. In accordance therewith, the Court
suggests that an Order similar to the Proposed Judgment, but consistent with this
Report and Recommendation, be entered.
ECF 23 at 20-21.
The Plaintiff filed proof of service on May 28, 2019.
It has been more than fourteen days since the service of the R&R, and the parties have not
filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court
has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its
result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y.
Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error).
Accordingly, the R&R is adopted in its entirety. The Plaintiff’s motion for default judgment
is granted in part and denied in part as recommended by the R&R. The Court selects Elizabeth
Gill, Esq., as the referee. The Plaintiff is directed to submit a proposed judgment consistent with
the R&R no later than fourteen days from the issuance of this order.

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SO ORDERED.
Dated: Central Islip, New York
June 18, 2019
___/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge

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