Federal Deposit Insurance Corporation (FDIC) v. Capital Hotel, Inc. et al

Filing 86

ORDER/DEFICIENCY JUDGMENT: Granting the # 82 Motion Confirming Referee's Report of Sale and Entering Deficiency Judgment. It is further Ordered that the Referee's Report of Sale in Foreclosure of Todd A. Ritschdorff, Esq., dated May 16, 2 017 and filed with the United States District Court for the Northern District of New York on May 18th, 2017 be and the same hereby is ratified, confirmed and made absolute and binding forever. It is further Ordered that the fair and reasonable market value of the mortgaged property on or about the date the property was bid on at auction was $1,300,000.00. It is further Ordered that Phoenix NPL, LLC, does recover of defendants Capital Hotel, Inc., Chirag Kabrawala, Ashok Dhabuwala and Brando n Levin the sum of $4,142,144.67 with interest thereon from March 22nd, 2017 in the sum of $10,568.17 for an overall total of $4,152,712.84 dollars, and that plaintiff has execution thereof. This Judgment is entered in favor of Plaintiff Phoenix NPL, LLC and against defendants Capital Hotel, Inc., Chirag Kabrawala, Ashok Dhabuwala and Brandon Levin. Signed by Senior Judge Thomas J. McAvoy on 8/3/2017. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
PHOENIX NPL, LLC,
Plaintiff,
-against-

1:15-CV-00080

CAPITAL HOTEL, INC.; CHIRAG KABRA WALA;
ASHOK DHABUWALA a/k/a ASHOK M.
DHABUWALA a/k/a ASHOK BHABUWALA;
BRANDON LEVIN a/k/a BRANDON LEVINE;
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE; JOHN DOE AND
JANE DOE NO. 1 THROUGH NO. 10, the last ten
(10) names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
tenants, occupants, persons or parties, if any, having or
claiming an interest in or lien upon the premises
described in the verified complaint.
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

ORDER CONFIRMING REFEREE'S REPORT OF
SALE AND ENTERING DEFICIENCY JUDGMENT

Upon the Referee's Report of Sale in Foreclosure of Todd A. Ritschdorff, Esq.,
dated May 16, 2017 and filed in the United States District Court, Northern District of
New York on May 18, 2017, the Affirmation of Mark A. Slama, Esq. dated June 16,
2017, the Declaration of Mark A. Slama, Esq. in further support of Plaintiff’s motion to
confirm the referee’s report of sale and for deficiency judgment dated July 28, 2017,
and all prior proceedings had heretofore in this action, it is hereby
ORDERED that Plaintiff’s motion to Confirm the Referee's Report of Sale and for
a Deficiency Judgment [dkt. # 82] is GRANTED; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee's Report of Sale in
Foreclosure of Todd A. Ritschdorff, Esq., dated May 16, 2017, and filed in the United
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States District Court, Northern District of New York on May 18, 2017 be and the same
hereby is ratified, confirmed and made absolute and binding forever; and it is further
ORDERED, ADJUDGED AND DECREED that the fair and reasonable market
value of the mortgaged property on or about the date the property was bid in at auction
was $1,300,000.00; and it is further
ORDERED, ADJUDGED AND DECREED, that plaintiff PHOENIX NPL, LLC,
whose address is c/o Capital Crossing Servicing Company, LLC, 99 High Street, 7th
Floor, Boston MA 02110, does recover of defendants CAPITAL HOTEL, INC., having
an address at 20 Airport Boulevard, Latham, New York 12110, CHIRAG KABRAWALA,
having an address at 860 North Orange Ave., Apt. 238, Orlando, Florida 32801,
ASHOK DHABUWALA a/k/a ASHOK M. DHABUWALA a/k/a ASHOK BHABUWALA,
having an address at 34 Cleveland Avenue, Glenhead, New York 11545 and
BRANDON LEVIN a/k/a BRANDON LEVINE, having an address at 725 Loch Raven
Blvd., Baltimore, Maryland 21286, the sum of Four Million, One Hundred Forty Two
Thousand, One Hundred Forty-Four and 67/100 ($4,142,144.67) Dollars, with interest
thereon from the 22nd day of March 2017 in the sum of Ten Thousand, Five Hundred
and Sixty-Eight and 17/100 ($ 10,568.17) Dollars, amounting in all to the sum of Four
Million, One Hundred and Fifty-Two Thousand, Seven Hundred and Twelve and 84/100
($4,152,712.84) Dollars, and that Plaintiff have execution therefor; and it is further
ORDERED, ADJUDGED AND DECREED that the Clerk of this Court enter and
docket this Judgment in favor of the Plaintiff, PHOENIX NPL, LLC and against the
defendants, CAPITAL HOTEL, INC., CHIRAG KABRAWALA, ASHOK DHABUWALA
a/k/a ASHOK M. DHABUWALA a/k/a ASHOK BHABUWALA, and BRANDON LEVIN
a/k/a BRANDON LEVINE, as hereinbefore stated.

IT IS SO ORDERED.
Dated:August 3, 2017

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