Elof Hansson USA Inc. v. Santiago et al

Filing 207

TURNOVER ORDER: Accordingly, it is HEREBY ORDERED: 1. By September 20, 2021, plaintiff shall file on the ECF docket a proposed writ of execution to be reviewed and signed by the Clerk of Court. The Southern District of New York provides forms which a re available at https://www.nysd.uscourts.gov/forms/writ-execution-against-property. 2. By October 4, 2021, plaintiff shall serve a copy and file on the docket proof of service of this Order, and any writs of execution, on each of the following pe rsons: i. Edgar Santiago by Federal Express overnight courier to his attorney, Joshua M. Lurie, Esq., Luriel Strupinsky, LLP, 15 Warren Street, Suite 36, Hackensack, New Jersey 07601 ii. Julia Santiago by Federal Express overnight courier to her at 3 78 Walnut Street, Washington Township, New Jersey 07676; and iii. 314-16-18 West 36 Street Housing Development Fund Corporation by Federal Express overnight courier to Michael Jackson at 318 West 36th Street, Apartment 5D, New York, New York 10018. 3. Within seven days of receiving service of this Order, defendant-judgment debtor Edgar Santiago, concerning Apartments 2B and 3A in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 W est 36 Street Housing Development Fund Corporation: i. shall deliver to or for the benefit of Elof Hansson USA Inc. all of his right, title and interest in cooperative Apartment 2B in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery, and deliver to William Hummell, Esq., as counsel for Elof Hansson USA Inc., the s tock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, placed in his name on August 15, 2015 (formerly held by Rodolfo Bencosme in canceled stock certificate number 44), and the proprietary lease in the name of Edg ar Santiago, assigned to him by Mr. Bencosme on August 15, 2015; and ii. shall deliver to or for the benefit of Elof Hansson USA Inc. all of his right, title and interest in cooperative Apartment 3A, in the building located at 318 West 36th Street, N ew York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery, and deliver to William Hummell, Esq., as counsel for Elof Hans son USA Inc., the stock certificate number 61 for the 250 shares concerning Apartment 3A purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar's direction placed in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in cancelled stock certificate number 20), and the proprietary lease assigned from Ms. Cabrera to Julia Santiago on July 21, 2016; 4. Within seven days of receiving service of this Order, Julia Santiago (one of the orde r to show cause respondents), shall deliver to or for the benefit of Elof Hansson USA Inc. all of her right, title and interest in cooperative Apartment 3A in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery; and deliver to William Hummell, Esq., as counsel for Elof Hansson USA Inc., stock certificate #61 for the 250 shares concerning Apartment 3A purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar's direction placed in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in cancelled stock cer tificate # 20), and the proprietary lease concerning Apartment 3A assigned to Julia Santiago on July 21, 2016; 5. In lieu of acting as custodian of (i) the stock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, place d in his name on August 15, 2015; and (ii) the stock certificate number 61 for the 250 shares concerning Apartment 3A, William Hummell, Esq., as counsel for Elof Hansson USA Inc., may appoint a trustee at plaintiffs expense to maintain possession of the stock certificates prior to the public sale. If he so decides,Mr. Hummell shall notify the Cami by letter of the location of the relevant property. 6. At a date and time to be agreed upon by plaintiff and the United States Marshals Service for the Southern District of New York, William Hummell, Esq., as counsel for Elof Hansson USA Inc., shall deliver to the United States Marshals Service the following: (i) a copy of this Order; (ii) all writs of execution; (iii) the stock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, placed in his name on August 15, 2015; and (iv) the stock certificate number 61 for the 250 shares concerning Apartment 3A. 7. The United States Marshals Service for the Southern Dis trict of New York will sell to the highest bidder in cash at a public sale to be held at 500 Pearl Street in New York City at a date and time to be determined by the United States Marshals Service defendant's following described personal proper ty: i. 250 Shares concerning Apartment 2B at 318 West 36th Street, New York, NY, a building owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation acquired by Edgar Santiago, placed in his name on August 15 , 2015 (formerly held by Rodolfo Bencosme in cancelled stock certificate number 44), and the proprietary lease in the name of Edgar Santiago, assigned to him by Mr. Bencosme on August 15, 2015. ii. 250 shares concerning Apartment 3A at 318 West 36th Street, New York, NY, a building owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar Santiago's direction p laced in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in canceled stock certificate number 20), and the proprietary lease assigned from Ms. Cabrera to Julia Santiago on July 21, 2016. 8. The public sale is to be preceded by publication of notice by the United States Marshals Service in which notice the property is to be described as above; the notice is to be published consecutively once a week for not less than three weeks in The New York Post, a newspaper regularly issued and having a general circulation in this judicial district, where the property of defendant that is to be sold is situated. 9. The monetary proceeds from the sale is to be applied first to the payment of the costs of the sale (including the U nited States Marshals Service commission, fees, and expenses); next to the costs of this suit; then to the satisfaction of plaintiffs judgment for the recovery from defendant of $1,365,519.42; any residue is to be paid to Edgar Santiago. 10. Fo llowing their completion of the sale, subject to its confirmation by the Court, the United States Marshals Service will file a prompt return or report of sale, showing their compliance with this Order. (Signed by Judge Vincent L. Briccetti on 9/13/2021) (mml) Modified on 9/14/2021 (mml).