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Home My WebLink AboutL 11890 P 491 At an I.A.S. Part -Z' of the Suprema Court of the State of New York, County of Suffolk, held at the Courthouse, located at Center Drive, Riverhead, New York on the /7-&-t day of ?J 1998. S.i P R E S E N T: Hon. Justice ----------------------------------------x JAMES H. RAMBO, INC. , ORDER -against- Plaintiff, OR � -against- Index No. 4545/88 CHENG K. YU, P.C. 6 CHENG KAI YU, An_r W /C'- M f Defendants. 0 A,` e�'*T, /2 / /1y 4' 947r L - 2 _ )j Plaintiff having brought on a motion by order to show cause dated January 20, 1998, to resettle the order of this Court. dated December 1, 1997, and the defendants having brought on a cross-motion, by notice of motion, to resettle the order of this Court dated December 1, 1997, and said motion and cross-motion having regularly come on to be heard, NOW, upon the reading and filing of the order to show cause herein dated the .20th day of January 1998 together with proof of service thereof and the affidavit of John F. Corrigan, Esq. , sworn to on the 14th day of January 1998, together with the exhibits annexed thereto, and the notice of cross-motion dated the 23rd day of January 1998, together with proof of service thereof and the affidavit of Kenneth L. Gartner, Esq. , sworn to on the 23rd m m m FM 0 12 ":7 21 20 day of January 1998, together with the exhibit annexed thereto, and upon the reading of the order of this Court dated December 1, 1997, and upon all of the pleadings and proceedings had herein, and due deliberation having been had thereon, NOW, on motion of Meyer, Suozzi, English & Klein, P.C. , attorneys for the defendants, it is ORDERED, that the Order of this Court dated December 1, 1997 and entered in the Office of the Clerk of the County of i Suffolk on the day of December, 1997, be and the same hereby is recalled and said Order is resettled to read as follows: Upon the following papers number 1 to 12 read on this motion for reargument; Order to Show Cause with supporting papers, (page 1-12) IT IS ORDERED, that this motion for an Order granting reargument is denied, it appearing that in making its prior Order, the Court neither misconstrued any principle of law, nor did it misapprehend any of the pertinent facts as presented to it; and it is further ORDERED, that the motion for an Order granting renewal is granted, and on renewal the foreclosure sale which took place on the subject premises is vacated on the condition that defendant pays plaintiff the sum of $36,868.00 forthwith [see, Polish National Alliance of Brooklyn. USA v. White Eagle Hall Co. . Inc. , 98 A.D.2d 400, 470 N.Y.S.2d 642 (2nd Dept. 1983) ; Pisano v. Tuooer, 188 A.D.2d 991, 591 N.Y.S.2d 888 (3rd Dept. 1991) ; and It 'is further ORDERED that, upon presentation of a certified copy of this Order, the Clerk of Suffo k County is directed to .mark the said Judgement "as satisfied by payment" and plaintiff is directed to comply with suchrequirementsof the Clerk of the County of Suffolk as may be required to effect such marking of the record, and it is further ORDERED that the Clerk of the County of Suffolk is directed to mark its records so as to nullify and void the conveyance of title to the subject premises, pursuant to the Judgment of Foreclosure Sale herein, by Chas. G. Cancellare, Esq. , Referee's Deed dated November 12, 1996 to James H. Rambo, Inc. and -2- n ��Y recorded in the Office o the clerk of the County of Suffolk on November 20, 1996 at Liber 11802 page 643 and said premises, which were the subject of the said referee's conveyance being more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point which is distant the following 2 courses and distances measured along the northerly and easterly side of a certain right of way from the point of intersection of the northerly side of said right of way and the southerly side of land now or formerly of John Zuhoski with the westerly side of Oregon Road (1) NW along land now or formerly of John Zuhoski 3398 . 71 feet; (2) SW along land now or formerly of John Zuhoski Jr. and Lucille Zuhoski 100 feet to the point or place of beginning; RUNNING THENCE SW 194.13 feet to land now or formerly of Salvatore Passalacqua; THENCE NW along said land 470.12 feet to the highwater line of Long Island Sound; THENCE NE along highwater line of Long Island South 226. 17 feet to land now or formerly of C. Klapper; THENCE SE along said land 354. 08 feet to the point or place of beginning. Being the same premises as described in Liber 9952 cp 436 and further identified by Suffolk County Tax Map Nos. 1000-083 .00-02 . 00-004 . 001. The foregoing constitutes the Order of this Court E N T E R •1 k-'O��iIS � 1 NTt` 194954 Y FEB 17 1998 86. HJ th Z las -3- Cw* P.qo COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I,EDWARD P. ROMAINE,Clerk of the County of Suffolk and the Court of Record thereof,do hereby certify that I have compared the annexed with the original ,,Qrden- ...... ......... FILED in my office . . . 7,/.Q1^p ., , , , ,, and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof,I have hereunto set my handjAqd affixed the seal of said County and Court this ��d•�-�:,,, ` J,j 0 v sP�R+• • ;K� Clerk. , M 1189OPC491 El 0 Q RECORDED 98 APR 28 AM 10: 25 Number of pages E J;i,, TORRENS `' r :. t 1;if- JF SU'r--F -- I 1'11 Serial f- Serial# �Ut ,'-U.,ON T Certificate# Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps Page/Filing Fee /t PU p ' U& Mortgage Amt. Handling 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-5217(County) Sub Total ._ Spec./Assit. or EA-5217(State) Spec./Add. R.P.T.S.A. _•_ � TOT. MTG. TAX — �n Dual Town Dual County Comm,of Ed 5 . 00 Held for Apportionment Affidavit Transfer Tax Certified Copy ---/ C, Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. YES or NO Other GRAND TOTAL _ .— If NO, see appropriate tax clause on page # of this instrument. Real Property Tax Service Agency Verification 1 61 Title Company Information Dist. Section Block Lot COmmWyw caC-TK 0 V V 0 3,vv Q 2- J V OO I/t-ua i Company Name C U -7 - Date Title Number Ini ' FEE PAID BY: m r y p f vu tt i t IFN< t�r 4 I('LP,N Cash Check Charge Payer same as R&R M r r o ^ r y 115-vl (or if different) NAME: ADDRESS: RECORD& RETURN TO 7 (ADDRESS) -;F- Suffolk County Recording & Endorsement Page This page forms part of the attached t/ made by: (SPECIFY TYPE OF INSTRUMENT) TAM PJ /eAm /S w r �/r ° The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of—1G v ;r14 L o C Y ✓ PC FT-,+t In the VILLAGE or HAMLET of Dr.rrr)P rlTNr.rlR Fn TNO