| Acker v 6 Lake Placid Ct., Inc. |
| 2014 NY Slip Op 51228(U) [44 Misc 3d 1222(A)] |
| Decided on August 15, 2014 |
| Supreme Court, Suffolk County |
| Whelan, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Bruce Acker,
as Trustee of the BRUCE ACKER TRUST a/k/a BRUCE ACKER TRUST, , Plaintiff,
against 6 Lake Placid Court, Inc., HENRY IORIZZO, PEOPLE OF THE STATE OF NEW YORK "JOHN ONE" THROUGH "JOHN ONE HUNDRED" they being tenant, occupants or parties having a mortgage, judgment, lien, warrant or encumbrance affecting the premises, all of which are subordinate to plaintiff's, Defendants. |
ORDERED that this motion (#001) by the plaintiff for an order awarding it summary judgment against the answering defendants and default judgments against the remaining defendants joined by service of process, identifying Mike Loop and Virginia Loop as unknown defendants John One and John Two and deleting the remaining unknown defendants and an order appointing a referee to compute, is considered under CPLR 3212, 3215, 1024 and RPAPL § 1321 and is granted. The moving papers, which were not opposed by any party, sufficiently demonstrated the plaintiff's entitlement to the relief requested on this motion (see CPLR 3212, 3215, 1003 and RPAPL § 1321; Peak Fin. Partners, Inc. v Brook, 119 AD3d 539, 987 NYS2d 916 [2d Dept 2014]; Kondaur Capital Corp. v McCary, 115 AD3d 649, 981 NYS2d 547 [2d Dept 2014]; Solomon v Burden, 104 AD3d 839, 961 NYS2d 535 [2d Dept 2013]; US Bank Natl. Ass'n v Denaro, 98 AD3d 964, 950 NYS2d 581 [2d Dept 2012]).
The plaintiff is directed to submit, upon a copy of this order, an order appoint a referee to compute for issuance by this court that conforms with all statutory and regulatory rules governing such appointment.