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15-6251 - JXB 84 LLC v. Khalil et al


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15-6251 - JXB 84 LLC v. Khalil et al
March 17, 2017
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ORDER ADOPTING 45 REPORT AND RECOMMENDATIONS. Finding no clear error, the court ADOPTS IN FULL the R&R. Accordingly, the court: DISMISSES all claims against the NYCPVB and the John Doe Tenants without prejudice; ORDERS that default judgment be entered against the First and Second Non-Mortgagor Defendants, barring and foreclosing them from all estate, right, title, claim, interest, lien, and equity of redemption in the Mortgaged Property; ORDERS that default judgment be entered against Defendant Said Khalil on the amount due on the note and mortgage, totaling $146,897.01 plus prejudgment interest, to be calculated at a daily rate of $40.65 from September 1, 2008, until the date of entry of judgment. Plaintiff is ORDERED to serve a copy of this order on the defaulting defendants and file a proof of service with the court. Additionally, Plaintiff is DIRECTED to provide a revised proposed Judgment of Foreclosure and Sale as to the property at Mortgaged Property, consistent with this order, within 20 days of the date of this order. Additionally, the revised proposed judgment shall designate a referee responsible for selling mortgaged premises, subject to this court's approval. So Ordered by Judge Nicholas G. Garaufis on 3/16/2017. (fwd'd for jgm) (Lee, Tiffeny)
March 29, 2017
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CORRECTED ORDER ADOPTING REPORT AND RECOMMENDATIONS. So Ordered by Judge Nicholas G. Garaufis on 3/29/2017. (This Order corrects the date of the R&R issued by Magistrate Judge Orenstein, and referenced on page 2 of this Order, from 3/4/2015 to 2/17/2017). (Lee, Tiffeny)