Pacifica L Fourteen, LLC v. Howard

Pacifica L Fourteen, LLC v Howard 2025 NY Slip Op 32046(U) June 9, 2025 Supreme Court, Kings County Docket Number: Index No. 507662/14 Judge: Cenceria P. Edwards Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.  FILED: KINGS COUNTY CLERK 06/09/2025 11:49 AM INDEX NO. 507662/2014 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 06/09/2025 At an IAS Term, Part FRP-1 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 9th day of June, 2025. P R E S E N T: HON. CENCERIA EDWARDS, Justice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X PACIFICA L FOURTEEN, LLC, Plaintiff, - against - Index No. 507662/14 DUNOUS HOWARD; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; LORRAINE CARPETTE; PHYLLIS BOWEN; JAMES EDWARDS, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Cross Motion and Affidavits (Affirmations) 98-121 134-146 Opposing Affidavits (Affirmations) 131 147 Reply Affidavits (Affirmations) 132, 147 Upon the foregoing papers in this action to foreclose a mortgage encumbering the residential property at 255 Saratoga Avenue in Brooklyn (Block 1562, Lot 10) (Property), Plaintiff Pacifica L Fourteen, LLC (Pacifica or Plaintiff) moves (in motion sequence [mot. seq.] six) for an order: (1) confirming the Referee’s Report made in accordance with RPAPL § 1321; (2) granting it a Judgment of Foreclosure and Sale, pursuant to RPAPL § 1351; and (3) directing the distribution of the sale proceeds, pursuant to RPAPL § 1354 (NYSCEF Doc No. 98). 1 of 6 [* 1]  FILED: KINGS COUNTY CLERK 06/09/2025 11:49 AM INDEX NO. 507662/2014 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 06/09/2025 Defendant Dunous Howard (Howard) cross-moves (in mot. seq. seven) for an order, pursuant to CPLR 2004, 2103, 3212, 5015(a)(1) - (a)(4) and 5240, vacating the September 9, 2019, Order of Reference and Summary Judgment granted in favor of Plaintiff, which was entered on September 30, 2019 (NYSCEF Doc No. 134). Background On August 20, 2014, Pacifica commenced this foreclosure action by filing a summons, an unverified complaint and a notice of pendency against the Property (NYSCEF Doc Nos. 1 and 2). The complaint alleges that on August 23, 2006, Howard executed and delivered to Plaintiff’s assignor a $571,976.00 promissory note, which was secured by a purchase money mortgage encumbering Howard’s Property (NYSCEF Doc No. 1 at ¶¶ 7-8). The complaint further alleges that on or about March 14, 2012, Howard executed and delivered to Plaintiff a mortgage modification agreement (id. at ¶ 9). The complaint alleges that Howard “has defaulted in making the monthly payment due on May 1, 2012 and monthly thereafter” (id. at ¶ 13). Notably, Exhibit A to the complaint is a copy of the August 23