Doe v. Jackson et al

Filing 68

OPINION AND ORDER. Plaintiff is ORDERED to show good cause in writing on or before March 17, 2025 as to why this action should not be dismissed as to Defendants Janvier, Fatoumata Keita, Degeune Keita, or Ulmer for Plaintiffs failure to serve. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/25) (yv)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/9/2025

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS OF
J.P. MORGAN CHASE COMMERCIAL MORTGAGE
SECURITIES CORP., MULTIFAMILY MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2018SB47, acting by and through its special servicer,
Berkeley Point Capital LLC d/b/a Newmark, as Special
Servicer under the Pooling and Servicing Agreement
dated as of March 1, 2018,

Civil Action File No.
24-cv-04166-GHW

Plaintiff,
v.
2426 UNIVERSITY FUND, LLC; AVRAHAM
BENAMRAM; NEW YORK CITY DEPARTMENT OF
FINANCE; NEW YORK CITY OFFICE OF
ADMINISTRATIVE TRIALS AND HEARINGS; and
“JOHN DOE” NO. 1 THROUGH “JOHN DOE” NO.
100,
Defendants.

CONSENSUAL FINAL JUDGMENT
THIS MATTER is before the Court by virtue of the Second Amended Stipulation
Consenting to Entry of Final Judgment (the “Stipulation”), dated January 17, 2025 and executed
by and between counsel for U.S. Bank National Association, as Trustee for the Registered Holders
of J.P. Morgan Chase Commercial Mortgage Securities Corp., Multifamily Mortgage PassThrough Certificates, Series 2018-SB47 (“Plaintiff”), and defendants 2426 University Fund, LLC
(“Borrower”) and Avraham Benamram a/k/a Albert Benamram (collectively, “Defendants”).
NOW, upon review of the Stipulation, the Complaint filed in this Court on May 31,
2024 (the “Complaint”), the Declaration of Amount Due of Ed Barrett, dated October 30, 2024
and filed herein on November 15, 2024 (the “Barrett Decl.”), the Declaration of David V.

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Mignardi, Esq., dated and filed herein on January 17, 2025 (the “Mignardi Decl.”), and for good
cause shown, and upon the consent of Plaintiff and Defendants, it is hereby:
ORDERED, ADJUDGED AND DECREED, that Plaintiff is hereby granted final
judgment as to the First Count, Second Count and Third Count of the Complaint; and it is further
ORDERED, ADJUDGED AND DECREED, that the amount due to Plaintiff on
the loan that is the subject of this action, as of August 1, 2024, is $2,300,380.51 (see Barrett Decl.
¶ 15); and it is further
ORDERED, ADJUDGED AND DECREED, that the certain real property and
improvements located at 228 E. Tremont Avenue, Bronx, New York, identifiable as Block 2804,
Lot 11, and more particularly described in the Complaint and the Barrett Decl. (see Barrett Decl.
¶ 6), together with the Collateral (as defined in the Complaint) located thereat (collectively, the
“Property”), or such part thereof as may be sufficient to discharge: (a) the mortgage debt evidenced
by that certain Multifamily Mortgage, Assignment of Rents and Security Instrument, in the amount
of $2,053,000.00 (the “Mortgage”), that is exhibited to that certain Consolidation, Extension and
Modification Agreement, dated November 30, 2017 (the “CEMA”) (see Barrett Decl. ¶ 6, Ex. 4);
and (b) the expense of the sale and the costs of this action as provided by the New York Real
Property Actions and Proceedings Law (“RPAPL”), be sold at public auction pursuant to the terms
hereof, at the front steps of the Property by and under the direction of Orazio Crisalli of Syracuse
Realty Group, LLC, 106 S. Main Street, North Syracuse, New York 13212 (Tel: [phone])
as Referee to sell the Property at public auction with the assistance of Matthew Mannion of
Mannion Auctions, LLC, as Auctioneer, located at 299 Broadway, Suite 1601, New York, New
York 1007 (Tel: [phone]) (see Mignardi Decl. ¶¶ 2–3); and that said Referee shall set the
date of the sale and give public notice of the time and place of such sale in The Wall Street Journal

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and in accordance with RPAPL § 231, such that Plaintiff or any other parties to this action may
become the purchaser(s) at such sale; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee shall accept at such
sale the bid or bids that yield the largest amount of money for the Property and the bidder or
bidders, as the case may be, so determined, shall be identified upon the court record, and the
Referee shall require that such successful bidder or bidders, as the case may be, immediately pay
to the Referee in cash or certified or bank check payable to such Referee, ten percent of the sum
bid and shall execute certain terms for the purchase and sale of the Property (the “Terms of Sale”)
unless such successful bidder is Plaintiff herein, in which case, no deposit against the purchase
price shall be required; and it is further
ORDERED, ADJUDGED AND DECREED, that in the event that the successful
bidder or bidders, as the case may be, fails to immediately pay the ten percent deposit as provided
herein or fails to execute the Terms of Sale immediately following the bidding upon the Property,
the Property shall thereafter immediately, on the same day, be reoffered at auction in the same
manner as is set forth above; and it is further
ORDERED, ADJUDGED AND DECREED, that the closing for the transfer of
title to the Property shall take place at the office of the Referee or at such other location as the
Referee shall determine within forty-five days after such sale unless otherwise stipulated by all
parties. Any delay or adjournment of the closing date beyond forty-five days may be stipulated
by and between the Referee and the purchaser(s); and it is further
ORDERED, ADJUDGED AND DECREED, that in the event that such
successful bidder shall fail to close on the date set by the Referee, then the successful bidder shall
lose and forfeit its deposit; and it is further

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ORDERED, ADJUDGED AND DECREED, that the Referee shall deposit all
funds received pursuant to this Consensual Final Judgment in his own name as Referee in an
account maintained at an FDIC-insured bank of the Referee’s choice within the Southern District
of New York; and it is further
ORDERED, ADJUDGED AND DECREED, that upon receipt of the proceeds of
such sale, the Referee shall forthwith pay therefrom the following:
FIRST:

The statutory fee of the Referee for conducting the sale pursuant to
Section 8003 of Civil Practice Law and Rules (“CPLR”) not to
exceed $750.00.

SECOND:

The expenses of the sale, including the Auctioneer fees and costs,
the cost of advertising as shown on the bills presented and certified
by said Referee to be correct, copies of which shall be annexed to
the Report of Sale.

THIRD:

Pursuant to RPAPL § 1354, in accordance with their priority
according to law, taxes, assessments, sewer rents, water rates and
any charges placed upon the property by a city agency which have
priority over the Mortgage, which are liens on the Property at the
time of sale with such interest or penalties which may have lawfully
accrued thereon to the date of payment;

and it is further
ORDERED, ADJUDGED AND DECREED, that in case Plaintiff is the
purchaser of the Property at said sale, the Referee shall not require Plaintiff to pay in cash the
entire amount bid at said sale, but shall execute and deliver only to Plaintiff a deed of the Property

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and a bill of sale for the Collateral located thereat sold upon the payment to said Referee of the
sum awarded to him or her under the above provisions marked “FIRST”, “SECOND” and
“THIRD” if such expenses were paid by the Referee, or in lieu of the payment of said last
mentioned amounts, upon filing with said Referee receipts of the proper municipal authorities
showing payment thereof. If, upon so applying the balance of the amount bid, there shall be a
surplus over and above said amounts due to Plaintiff, Plaintiff shall pay to the said Referee, upon
delivery to Plaintiff of said Referee’s deed and bill of sale, the amount of such surplus. Any surplus
remaining after all payments as herein provided shall be deposited into the Court in accordance
with RPAPL § 1354(4) and the Referee shall immediately give notice of such surplus to the owner
of the Property as identified by Plaintiff at the time of the sale; and it is further
ORDERED, ADJUDGED AND DECREED, that if the proceeds of such sale be
insufficient to pay the amount reported due to Plaintiff with interest and costs as aforesaid, pursuant
to the Stipulation, the Plaintiff shall not be entitled to recover from Borrower or Guarantors the
deficiency the residue of the mortgaged debt remaining unsatisfied after a sale of the Property,
unless Plaintiff and Defendants have agreed to the contrary; and it is further
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at
such sale be let into possession of the Property upon production of the aforementioned Referee’s
deed and bill of sale; and it is further
ORDERED, ADJUDGED AND DECREED, that in the event that this action is
discontinued or the sale of the Property is cancelled, the Referee is entitled to a $250.00 fee; and
it is further
ORDERED, ADJUDGED AND DECREED, that each and all of the defendants
in this action and all persons claiming under them, or any or either of them, after Plaintiff’s filing

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of the Notice of Pendency against the Property (see Mignardi Decl., Ex. 1), be and they hereby
are, barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the
Property and each and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED, that nothing contained herein shall
prohibit Plaintiff from seeking payment from any policy of insurance insuring the Property; and it
is further
ORDERED, ADJUDGED AND DECREED, that in the event that Plaintiff or its
successors shall receive proceeds from: (a) any insurance policy insuring the Property, and/or (b)
any judgment, now or hereafter obtained, against any party indebted to Borrower, then Plaintiff or
its assigns, as the case may be, shall apply such proceeds to the amount due hereunder or to any
deficiency judgment against Borrower; and it is further
ORDERED, ADJUDGED AND DECREED, that in the event that the proceeds
described in the foregoing decretal paragraph, when taken together with the proceeds resulting
from a foreclosure sale, exceed the amount due hereunder, then Plaintiff, or its assigns, as the case
may be, shall deposit the surplus monies, if any, with the Clerk of this Court within thirty days
after the same shall be received, to be withdrawn only upon order of this Court, signed by a Judge
of this Court; and it is further
ORDERED ADJUDGED AND DECREED, that the Property be sold in “as is”
condition and sold subject to:
(a)

Rights of the public and others in and to any part of the Property that lies

within the bounds of any street, alley or highway;
(b)

Restrictions, covenants, agreements, reservations, and easements of record,

if any, insofar as the same may be in force and effect;

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(c)

Any state of facts an accurate, currently dated survey might disclose;

(d)

Any facts an inspection of the Property would reveal;

(e)

Rights of tenants and/or occupants in possession, if any;

(f)

The right of redemption of the United States of America, if any;

(g)

The rights of any defendants pursuant to CPLR §§ 317 and 2003 and Rule

(h)

Charges for maintenance of street vaults, if any;

(i)

Building or tract restrictions or regulations;

(j)

Violations, notices, orders or other requirements issued by any federal,

5015, if any;

state, city, county, town or village agencies having jurisdiction of record, if any, now or hereafter
against the Property;
(k)

Security agreements, conditional bills of sale and chattel mortgages, if any;

(l)

The liens of any prior judgments, mortgages or other encumbrances of

(m)

Any unpaid taxes, assessments and water rates with interest and penalties

(n)

Rights of tenants or persons in possession of the Property; prior mortgage

record;

accrued;

liens of record and any advances and arrears thereunder; and
(o)

Other conditions as set forth in the Terms of Sale more particularly to be

announced at the sale;
That a description of the Property hereinbefore mentioned, is annexed as Exhibit A
to the CEMA (see Barrett Decl., Ex. 4) and also annexed hereto as Schedule A - Legal Description,

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said Property being located at 228 E. Tremont Avenue, Bronx, New York and known as Block
2804, Lot 11 on the Tax Map of Bronx County, New York; and it is further
ORDERED, ADJUDGED AND DECREED, that the proceeds of the sale of the
Property shall not be used to paid for (i) any title insurance premiums; (ii) the Real Estate Transfer
Tax (Article 31 of the New York Tax Law) and any other tax imposed upon or arising from the
transfer of title; (iii) all abstract of title creation and/or continuation charges, and (iv) any other
charges, occurring as a result of the transfer, including, but not limited to, the recording fees, and
that the purchaser or purchasers at such sale shall bear the aforementioned costs, charges fees at
their own expense; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff shall serve a copy of
this Judgment upon the owner of equity of redemption, any person having an interest in the
Property, and any other party entitled to notice.

[SIGNATURE PAGE TO FOLLOW]

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9th

March

Schedule A

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