Stern & Eisenberg, PC

Size: px

Start display at page:

Download "Stern & Eisenberg, PC"

Roxanne Mitchell
6 years ago
Views:

* *Admitted to practice in NY & NJ Stern & Eisenberg, PC 485B Route 1 S, Suite 330 Iselin, NJ 08830 (516) 630-0288 Facsimile: (732) 726-8719 nfalcey@sterneisenberg.

SHEBAR; Index No. 850204/2015 Dear Judge Billings: Our office represents the Plaintiff in the above referenced foreclosure matter. On February 22, 2017, Jackie Halpern Weinstein, Esq.

Weinstein is well aware, the return date was adjourned to February 23, 2017. In fact, Ms.

1 * *Admitted to practice in NY & NJ Stern & Eisenberg, PC 485B Route 1 S, Suite 330 Iselin, NJ (516) Facsimile: (732) nfalcey@sterneisenberg.com VIA OVERNIGHT MAIL and E-FILING Hon. Lucy Billings, J.S.C. New York County Supreme Court 71 Thomas Street, Room 203 New York, New York February 23, 2017 RE: The Bank Of New York Mellon v. SHEBAR; Index No /2015 Dear Judge Billings: Our office represents the Plaintiff in the above referenced foreclosure matter. On February 22, 2017, Jackie Halpern Weinstein, Esq. on behalf of Defendant, Board of Managers of the Palm Trees Condominium, filed a wholly improper notice of rejection to Plaintiff s Opposition to Defendant s Cross-Motion. As Ms. Weinstein is well aware, the return date was adjourned to February 23, In fact, Ms. Weinstein advised me via of the fact that this matter was adjourned in response to my request for her consent for an adjournment. See Exhibit A attached. Thus, Plaintiff s Opposition to Defendant s Cross-Motion filed on February 17, 2017, at least one day prior to the return date of February 23, 2017 pursuant to CPLR 2214, was proper. Because Plaintiff s Opposition was not untimely, the Plaintiff requests that its Opposition papers in response the Defendant s Cross-Motion be considered and Defendant s Notice of Rejection of Plaintiff s Paper be rejected. Respectfully Submitted, STERN & EISENBERG, PC cc: Jackie Halpern Weinstein, Esq. (Via NYSCEF) BY:, Esq.

2 Exhibit A

3 From: Sent: To: Cc: Subject: Jackie Weinstein Friday, February 17, :43 PM Danny Ramrattan RE: THE BANK OF NEW YORK MELLON v. - SHEBAR & BOARD OF MANAGERS OF THE PALM TREES CONDOMINIUM Index No /2015 It was adjourned to 2/23. Jackie Halpern Weinstein Partner ADAM LEITMAN BAILEY, P.C. 120 Broadway, 17th Floor New York, NY P. (212) Ext F. (866) E. jweinstein@alblawfirm.com Website Bio Practice Areas From: [mailto:nfalcey@sterneisenberg.com] Sent: Friday, February 17, :42 PM To: Jackie Weinstein Subject: RE: THE BANK OF NEW YORK MELLON v. - SHEBAR & BOARD OF MANAGERS OF THE PALM TREES CONDOMINIUM Index No /2015 Ms. Weinstein: Please be advised that I will be submitting a request for an application for adjournment not on consent via in the above matter. I will copy you on the correspondence. Associate Stern & Eisenberg, P.C. 485B Route 1 S, Suite 330, Iselin, NJ Phone (516) / Fax (732) *Admitted to practice in NY and NJ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. CONFIDENTIALITY NOTICE: This , including attachments, contains information that is confidential, privileged and exempt from disclosure under applicable law. This information is protected by the attorney-client privilege and is intended solely for the use of the identified recipients. Unintended transmission does not constitute a waiver of the attorney-client or any other privilege. If you receive this communication in error, please immediately notify this law office by reply and permanently delete the original, any printouts and reproductions of this and attachments hereto. If you are not the intended recipient, you are hereby notified that the unauthorized use, dissemination, distribution or reproduction of this and attachments is strictly prohibited and may be unlawful. 1

4 From: Jackie Weinstein Sent: Friday, February 17, :25 AM To: Subject: RE: THE BANK OF NEW YORK MELLON v. - SHEBAR & BOARD OF MANAGERS OF THE PALM TREES CONDOMINIUM Index No /2015 I put in the request to my client. Jackie Halpern Weinstein Partner ADAM LEITMAN BAILEY, P.C. 120 Broadway, 17th Floor New York, NY P. (212) Ext F. (866) E. jweinstein@alblawfirm.com Website Bio Practice Areas From: [mailto:nfalcey@sterneisenberg.com] Sent: Friday, February 17, :06 AM To: Jackie Weinstein Subject: THE BANK OF NEW YORK MELLON v. - SHEBAR & BOARD OF MANAGERS OF THE PALM TREES CONDOMINIUM Index No /2015 Ms. Weinstein: Our office represents the Plaintiff in the above matter. You filed an opposition in this case with a return date of today, February 17, Somehow, the fact that the opposition was filed was overlooked and did not come to my attention until today. I am writing to request a courtesy of a week s extension on the return date so that I may have the opportunity to file a reply. I have attached a stipulation. Please advise if you are willing to consent. Thank you. Associate Stern & Eisenberg, P.C. 485B Route 1 S, Suite 330, Iselin, NJ Phone (516) / Fax (732) *Admitted to practice in NY and NJ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. 2

5 CONFIDENTIALITY NOTICE: This , including attachments, contains information that is confidential, privileged and exempt from disclosure under applicable law. This information is protected by the attorney-client privilege and is intended solely for the use of the identified recipients. Unintended transmission does not constitute a waiver of the attorney-client or any other privilege. If you receive this communication in error, please immediately notify this law office by reply and permanently delete the original, any printouts and reproductions of this and attachments hereto. If you are not the intended recipient, you are hereby notified that the unauthorized use, dissemination, distribution or reproduction of this and attachments is strictly prohibited and may be unlawful. 3

FILED: NEW YORK COUNTY CLERK 06/14/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 06/14/2018

FILED: NEW YORK COUNTY CLERK 06/14/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 06/14/2018 From: Fried, William Sent: Monday, June 11, 2018 10:43 AM To: Kevin A. Fritz ; Christopher Gorman Cc: Stephen B. Meister ; Poddar, Shivani ' ;