Blue Castle (Cayman) Ltd. v. 1767 TP Ave LLC et al

Filing 92

DEFAULT JUDGMENT OF FORECLOSURE AND MOTISOLA ZULU, SKYLINE RESEARCH SALE: IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the Complaint and described in Schedule "A" annexed hereto and sold pursuant to this Judgmen t. Together with all right, title and interest of the owner thereof, if any, in and to the land lying in the streets and road in front of the adjoining said premises, to the center line thereof. As further set forth in this Order. It is furth er ORDERED that said Referee or his/her duly appointed designee then deposit the balance of said proceeds of the sale in his/her own name as Referee in an FDIC Insured Bank and shall thereafter make the following payments and his/her checks dra wn for that purpose shall be paid by said depository. 1st The sum of $750.00 to said Referee for his/her fees herein. 2nd The expenses of the sale and the advertising expenses as shown on the bills presented to said Referee and certified b y him to be correct, duplicate copies of which shall be left with said depository. 3rd And also the sum of $527,531.67 (inclusive of costs), the amount computed by the Court and adjudged to Plaintiff as aforesaid, with interest from September 3 0, 2024 and also the amount of any sums expended by Plaintiff, for taxes, assessments, water rates and sewer rents, with interest and penalties accrued thereon as allowed by the Note and Mortgage, or so much thereof as the purchase money of the mortgaged premises will pay of the same; and it is further As further set forth in this Order. ORDERED AND ADJUDGED, that the purchaser at said sale be let into possession on production of the said Referee or his/her duly appointed designee's deed; and it is further ORDERED AND ADJUDGED, that each and all of the Defendants in this action, and all the persons claiming under them, or nay or either of them, after filing of the notice of the pendency of this action, be and hereby be forever barred and foreclosed of all right, title, claim, interest, lien and equity of redemption in said mortgaged premises and each and every party thereof; and it is further ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel in "as is" physical order and condition, subject to any state of facts that an inspection of the premises would disclose, any state of facts that an accurate survey of the premises would show; any covenants, restrictions, declarations, res ervations, easements, rights of way and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged premises is located and possible violations of same; any rights of tenants or person in possession of the subject premises; prior lien(s) of record, if any, except those liens addressed in section 1354 of the Real Property Actions and Proceedings Law. Said premises commonly known as 1767 Topping Avenue, Bronx, NY 10457. A description o f said mortgaged premises is annexed hereto and made a part hereof as Schedule "A". As further set forth in this Order. (Signed by Judge Dale E. Ho on 11/25/2024) (ks) Transmission to Finance Unit (Cashiers) for processing. Modified on 11/25/2024 (ks).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLUE CASTLE (CAYMAN) LTD,
Plaintiff,
-against1767 TP AVE LLC, VIJAY KHEMRAJ,
MOTISOLA ZULU, SKYLINE RESEARCH
GROUP INC., NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendant(s).
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22 Civ. 9577 (DEH)
DEFAULT
JUDGMENT OF
FORECLOSURE AND
SALE

On the Summons in a Civil Action (the “Summons”) and Verified Complaint and (the
“Complaint”) filed herein on November 9, 2022; on the Notice of Pendency filed in the Bronx
County Clerk’s Office; and upon Plaintiff Blue Castle (Cayman) LTD’s Motion for a Judgment of
Foreclosure and Sale, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure; and
UPON the Decision and Order granting Plaintiff’s Motion for Summary Judgment, entered
on September 10, 2024 [Docket No. 81];
NOW, upon the Declaration of Regularity in Support of Plaintiff’s Motion for Default
Judgment of Foreclosure and Sale of Alan H. Weinreb, Esq., dated October 22, 2024; and on the
Affirmation of Amounts Due to Plaintiff of John Ramer, dated September 30, 2024, the Court
finds that;
The amount computed by the Court to be due on the Note (“Note”) and Mortgage is
$527,531.67, including interest, as set forth in the Affidavit annexed to Plaintiff’s Motion as
Exhibit ‘E’ as of September 30, 2024.
IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the
Complaint and described in Schedule “A” annexed hereto and sold pursuant to this Judgment.

Together with all right, title and interest of the owner thereof, if any, in and to the land
lying in the streets and road in front of the adjoining said premises, to the center line thereof.
Together with all fixtures and articles of personnel property annexed to, installed in, or
used in connection with the mortgage premises, all as more fully set forth in the aforementioned
mortgage, be sold in one parcel subject to the following any state of facts that an accurate survey
may show; easements, covenants, restrictions or reservations or records, if any; zoning restrictions
and any amendments thereto according to law now in force; existing violations and orders of the
appropriate departments of any City, Town or Village, if any; the physical condition of the
premises at the time of closing; and with any apportionments or adjustments; at public auction to
be held on the steps outside the front door of the Thurgood Marshall United States Courthouse of
the Southern District of New York, located at 40 Foley Square, New York, NY 10007 by and
under the direction of Mark L. McKew, Esq., who is hereby designated as Referee herein to sell
the mortgaged premises in accordance with that purpose; that said Referee give public notice of
the time and place of such sale in accordance with RPAPL §231 in the Bronx Times Report
newspaper and in the case the Plaintiff shall become the purchaser at the said sale, Plaintiff shall
not be required to make any deposit thereon, that said Referee or his/her duly appointed designee,
execute to the purchaser or purchasers on such a sale a deed of the premises sold, that in the event
a third party other than the Plaintiff becomes the purchaser or purchasers at such sale, the closing
of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale;
and it is further
ORDERED that said Referee or his/her duly appointed designee then deposit the balance
of said proceeds of the sale in his/her own name as Referee in an FDIC Insured Bank and shall
thereafter make the following payments and his/her checks drawn for that purpose shall be paid
by said depository.

1st

The sum of $750.00 to said Referee for his/her fees herein.

2nd

The expenses of the sale and the advertising expenses as shown on the bills

presented to said Referee and certified by him to be correct, duplicate copies of which shall be left
with said depository.
3rd

And also the sum of $527,531.67 (inclusive of costs), the amount computed by the

Court and adjudged to Plaintiff as aforesaid, with interest from September 30, 2024 and also the
amount of any sums expended by Plaintiff, for taxes, assessments, water rates and sewer rents,
with interest and penalties accrued thereon as allowed by the Note and Mortgage, or so much
thereof as the purchase money of the mortgaged premises will pay of the same; and it is further
ORDERED AND ADJUDGED, that said Referee or his/her duly appointed designee shall
take the receipt of Plaintiff or its attorney for the amounts paid as directed in item marked “3 rd”
and shall file it with his/her report of sale. That said Referee or his/her duly appointed designee
shall deposit the surplus monies, if any, with the aforesaid depository, within 5 days after the same
shall be received and ascertainable, to the credit of this action, to be withdrawn only on the order
of a Judge of this Court.
In the event that the Plaintiff or a governmental agency thereof is the purchaser of said
mortgaged premises at said sale, or in the event that the rights of the purchaser at said sale and the
terms of sale under this judgment shall be assigned to and be acquired by Plaintiff or any such
governmental agency, and a valid assignment thereof be filed with the said Referee or his/her duly
appointed designee shall not require Plaintiff or such governmental agency to pay in cash the
amount bid at such sale, but shall execute and deliver to Plaintiff or such governmental agency a
deed of the premises sold. Plaintiff or such governmental agency shall pay the amount specified
in the items marked “1st” and “2nd” and shall also pay the amount of the aforesaid taxes,
assessments, water rates, sewer rents and interest and penalties thereon, if any. Said Referee or

his/her duly appointed designee shall apply the balance of the amount bid after deducting
therefrom the aforesaid amount paid by Plaintiff or such governmental agency, to the amounts due
Plaintiff in the item marked “3rd”, and if there be a surplus over and above said amounts due
Plaintiff, Plaintiff shall pay to said Referee or his/her duly appointed designee upon delivery of
said Referee’s Deed, the amount of such surplus, and said Referee or his/her duly appointed
designees shall deposit said surplus as hereinabove directed.
Said Referee or his/her duly appointed designee shall make his/her report of such sale and
shall file it with the Clerk of the Court with all convenient speed. If the proceeds of such sale be
insufficient to pay the amount adjudged due to Plaintiff with the expenses, interests and costs as
aforesaid, said Referee or his/her duly appointed designee shall specify the amount of such
deficiency in his/her report of sale, the Plaintiff shall recover from Defendants the whole
deficiency of so much thereof as the Court may determine to be just and equitable of the residue
of the mortgaged debt remaining unsatisfied after a sale of the mortgaged premises and the
application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as
prescribed by section 1371 of the New York Real Property Actions and Proceedings Law within
the time limited therein, and the amount thereof is determined and awarded by an order of this
Court as provided for in said section; and it is further
ORDERED AND ADJUDGED, that the purchaser at said sale be let into possession on
production of the said Referee or his/her duly appointed designee’s deed; and it is further
ORDERED AND ADJUDGED, that each and all of the Defendants in this action, and all
the persons claiming under them, or nay or either of them, after filing of the notice of the pendency
of this action, be and hereby be forever barred and foreclosed of all right, title, claim, interest, lien
and equity of redemption in said mortgaged premises and each and every party thereof; and it is
further

ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel
in “as is” physical order and condition, subject to any state of facts that an inspection of the
premises would disclose, any state of facts that an accurate survey of the premises would show;
any covenants, restrictions, declarations, reservations, easements, rights of way and public utility
agreements of record, if any; any building and zoning ordinances of the municipality in which the
mortgaged premises is located and possible violations of same; any rights of tenants or person in
possession of the subject premises; prior lien(s) of record, if any, except those liens addressed in
section 1354 of the Real Property Actions and Proceedings Law. Said premises commonly known
as 1767 Topping Avenue, Bronx, NY 10457. A description of said mortgaged premises is annexed
hereto and made a part hereof as Schedule “A”.
Date:

November 25, 2024
New York, New York

____________________________________
Dale E. Ho
United States District Judge

SCHEDULE A
DESCRIPTION
Block 2798 and Lot 43
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being in the Borough of the Bronx, County of Bronx, City and State of New
York, bounded and described as follows:
BEGINNING at a point on the Westerly side of Topping Avenue, distant 268 feet 4 inches
Northerly from the corner formed by the intersection of the Westerly side of Topping Avenue and
the Northerly side of Cross Bronx Expressway;
RUNNING THENCE Northerly along the Westerly side of Topping Avenue, 16 feet 5 inches;
THENCE Westerly parallel with the Northerly side of Cross Bronx Expressway, 95 feet;
THENCE Southerly parallel with the Westerly side of Topping Avenue, 16 feet 8 inches;
THENCE Easterly again parallel with the Northerly side of Cross Bronx Expressway and part of
the distance through a party wall, 95 feet to the Westerly side of Topping Avenue at the point or
place of BEGINNING.
Premises known as 1767 Topping Avenue, Bronx, New York 10457