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BRT Realty Trust
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Order | Filed: January 25, 2013 | Entered: January 25, 2013 Capitol Holdings USA LLC v. 586 Hart Associates, Inc. et al
Real Property: Foreclosure | New York Southern
Judgment
JUDGMENT #13,0131 in favor of Capitol Holdings USA LLC against 586 Hart Associates, Inc., 614 Partners NYC, Inc., and David Diamond, jointly and severally in the amount of $ 3,569,469.92. (Signed by Judge Paul G. Gardephe on 1/24/13) (dt)
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Order | Filed: January 25, 2013 | Entered: January 25, 2013 Capitol Holdings USA LLC v. 586 Hart Associates, Inc. et al
Real Property: Foreclosure | New York Southern
Order on Motion for Miscellaneous Relief
ORDER CONFIRMING SPECIAL MASTER'S REPORT OF SALE, DISCHARGING RECEIVER AND ENTERING A DEFICIENCY JUDGMENT granting 63 MOTION FOR FOR AN ORDER CONFIRMING SPECIAL MASTER'S REPORT OF SALE, DISCHARGING RECEIVER and ENTERING A DEFICIENCY JUDGMENT. It is Ordered that Plaintiff's Motion is granted; and it is further ORDERED that the Special Master's Report of Sale of Mitchell Schwartz, Esq., dated and filed on August 3, 2012, be and the same hereby is in all respects ratified and confirmed and the sale therein be made absolute and binding forever; and it is further ORDERED that the final accounting of Receiver, Thomas Gagliano, set forth in and attached to the Declaration of John C. Re, Esq. dated October 26, 2012 and submitted in support of the Motion, be and the same is hereby approved and confirmed; and it is further ORDERED that the receivership established by the Order Appointing Receiver of this Court dated March 3, 2010 and filed herein on March 5, 2010 is hereby terminated, and the Receiver Thomas Gagliano be discharged of all duties as said receiver upon filing proof of compliance with the provisions of this order; and it is further ORDERED that the undertaking filed by the said Receiver be and the same is hereby canceled and the surety be and the same is hereby relieved from any and all further liability thereon; and it is further ORDERED that Receiver is directed to pay the sum of $2,581.48 to Hart Apartments LLC representing the security deposits collected by the Receiver in connection with the leases at the subject mortgaged premises; and it is further ORDERED that all sums remaining in the Receiver's account, after payment of any sums as set forth above, and any sums that come into the Receiver's hands from and after the date of the Receiver's accounting herein, be paid and distributed to Plaintiff Capitol Holdings USA LLC; and it is further ORDERED that a deficiency judgment against defendants 586 Hart Associates, Inc., 614 Partners NYC, Inc. and David Diamond, jointly and severally, in the amount of $3,569,469.92 is hereby granted. (Signed by Judge Paul G. Gardephe on 1/24/2013) (mro)
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Motion | Filed: January 16, 2013 | Entered: January 16, 2013 Capitol Holdings USA LLC v. 586 Hart Associates, Inc. et al
Real Property: Foreclosure | New York Southern
Miscellaneous Relief
MOTION FOR AN ORDER CONFIRMING SPECIAL MASTER'S REPORT OF SALE, DISCHARGING RECEIVER and ENTERING A DEFICIENCY JUDGMENT. Document filed by Capitol Holdings USA LLC.(Re, John)
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