Green Mountain Holdings (Cayman) Ltd. v. Tantleff et al

Filing 40

ORDER: denying without prejudice 34 Motion for Default Judgment; denying without prejudice 25 Motion for Default Judgment. Accordingly, the Court grants Plaintiff leave to file an amended pleading curing the deficiency identified herein. Any am ended pleading shall be filed on or before September 1, 2022. The Court DENIES without prejudice the Motion for a Default Judgment of Foreclosure and Sale [ECF No. 25]. The Court also DENIES without prejudice the procedurally improper Cross-Motion for Default Judgment filed by defaulting defendant Pale Horse Realty, LLC [ECF No. 34]. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/01/2022) (ama)

Case 1:21-cv-07002-MKV Document 40 Filed 08/01/22 Page 1 of 3
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/1/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GREEN MOUNTAIN HOLDINGS (CAYMAN)
LTD.,
Plaintiff,
-against-

1:21-cv-07002 (MKV)

ADAM B. TANTLEFF, BOARD OF MANAGERS
OF 220 RIVERSIDE BOULEVARD AT TRUMP
PLACE CONDOMINIUM, and PALE HORSE
REALTY, LLC,

ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
This matter comes before the Court on Plaintiff’s Motion for a Default Judgment of
Foreclosure and Sale [ECF No. 25]. Plaintiff alleges that they are the holder of a note securing
the mortgage on a premises at 220 Riverside Boulevard, 20D, New York, New York 10069,
known on the New York County Tax Map as Block 1171 and Lot 1558. [ECF No. 1 at 1]
(“Compl.”). Plaintiff asserts that the mortgage encumbering the property is in default, and
accordingly seeks to foreclose on the mortgage. Compl. ¶ 14-20.
Plaintiff names as defendants in this action Adam Tantleff, the owner of the unit and
borrower of the loan, Compl. ¶ 3; Pale Horse Realty, LLC, a holder of a subordinate mortgage
against the borrower “and/or property,” Compl. ¶ 5, and the Board of Managers of 220 Riverside
Boulevard at Trump Place Condominium, Compl. ¶ 4.
Plaintiff invokes the Court’s diversity jurisdiction pursuant to 28 U.S.C. § 1332,
contending that the action “is between citizens of different states” and that the amount in
controversy exceeds $75,000.00. Compl. ¶ 7. The plaintiff “must allege a proper basis for
jurisdiction in his pleadings.” Linardos v. Fortuna, 157 F.3d 945, 947 (2d Cir. 1998). This
1

Case 1:21-cv-07002-MKV Document 40 Filed 08/01/22 Page 2 of 3

Court has an independent obligation to consider its subject matter jurisdiction over a case
pending before it. See Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). “The plaintiff bears the
burden of proving subject matter jurisdiction by a preponderance of the evidence.” Aurecchione
v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir. 2005) (citing Luckett v. Bure, 290
F.3d 493, 497 (2d Cir. 2002)).
Plaintiff pleads that it is a citizen of the Cayman Islands and Florida. Compl. ¶ 2.
Plaintiff also pleads that Adam Tantleff is a citizen of New York, by virtue of his residing at the
at-issue property located in Manhattan, Compl. ¶ 3, and that Pale Horse Realty LLC is a citizen
of New York by virtue of its sole member’s citizenship, Compl. ¶ 5. See Flemming v. Port
Authority of New York and New Jersey, No. 21 Civ. 1112, 2021 WL 878558, at *1-2 (E.D.N.Y.
Mar. 9, 2021) (the citizenship of an LLC is determined by the citizenship of its individual
members).
Plaintiff insufficiently pleads that The Board of Managers of 220 Riverside Boulevard at
Trump Place Condominium, a party to this action as lienor for unpaid common charges, is “[f]or
diversity purposes . . . a citizen of New York.” Compl. ¶ 4. A Board of Managers “is deemed a
citizen of all the states in which individual unit owners are citizens” unless the board has
incorporated. RL 900 Park, LLC v. Ender, 2021 U.S. Dist. LEXIS 35469, at *18-19 (S.D.N.Y.
Feb. 25, 2021); Francesco v. Beacon Court Condominium, 2009 U.S. Dist. LEXIS 3826, at *5-8
(S.D.N.Y. Jan. 6, 2009). Plaintiff has not attempted to make a showing that the Board of
Managers has incorporated, and has failed to allege the citizenship of any unit owners in the
condominium.
Section 1332 “require[s] complete diversity between all plaintiffs and all defendants.”
Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Plaintiff has not met its burden to

2

Case 1:21-cv-07002-MKV Document 40 Filed 08/01/22 Page 3 of 3

demonstrate subject matter jurisdiction in the Complaint because the diversity of the Board of
Managers is entirely unknown. If an owner of an individual unit were a citizen of the Cayman
Islands or Florida, diversity jurisdiction would not be proper. Therefore, the Court cannot be
certain that it has subject matter jurisdiction to hear this case.
Accordingly, the Court grants Plaintiff leave to file an amended pleading curing the
deficiency identified herein. Any amended pleading shall be filed on or before September 1,
2022. The Court DENIES without prejudice the Motion for a Default Judgment of Foreclosure
and Sale [ECF No. 25]. The Court also DENIES without prejudice the procedurally improper
Cross-Motion for Default Judgment filed by defaulting defendant Pale Horse Realty, LLC [ECF
No. 34].
SO ORDERED.
Date: August 1, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge

3