Wells Fargo Bank, National Association, as Trustee, for the benefit of the holders of COMM 2015-LC19 Mortgage Trust Commerical Mortgage Pass-Through Certificates v. 5615 Northern LLC

SOUTHERN DISTRICT OF NEW YORK USDC SDNY WELLS FARGO BANK, NATIONAL ELECTRONICALLY FILED ASSOCIATION, AS TRUSTEE, FOR THE DOC #: BENEFIT OF THE HOLDERS OF COMM DATE FILED: 3/31/2023 2015-LC19 MORTGAGE TRUST COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES, acting by and through Midland Loan Services, a Division 20-CV-2048 (VSB) (KHP) of PNC Bank, National Association, as Special Servicer under the Pooling and Servicing ORDER SCHEDULING Agreement dated as of February 1, 2015, EVIDENTIARY HEARING Plaintiff, -against- 5615 NORTHERN LLC and SPYRO E.

AVDOULOS, Defendants. +--+ ----X KATHARINE H. PARKER, United States Magistrate Judge: The parties previously informed the Court that foreclosure damages can be determined on the papers and that an evidentiary hearing is not required. However, the Court has reviewed the submissions and finds them inadequate to ascertain damages and lacking in sufficient evidentiary proof. Just by way of example, no documents show payments toward principle and interest on the loan to demonstrate how the principal amount was ascertained. The principal amount is stated at slightly different amounts in various papers submitted to the Court. Similarly, no evidence of payments of expenses is provided. See, e.g., U.S. Bank Trust, N.A. v. Dingman, 2016 WL 6902480 (S.D.N.Y. Nov. 22, 2016) (denying requests for certain amounts allowed by a note and mortgage including late charges and escrow payments and costs for failure to submit actual evidence such as receipts of payment; finding affidavit alone not adequate basis for award of damages). Additionally, the Court is unable to cross-check math used to arrive at the proposed damages figures because, among other things, Plaintiff does not lay out the method of computation of interest as set forth in the applicable loan documents.

Accordingly, although the Court previously denied Defendant the opportunity to file late submissions (ECF No. 90), upon further consideration and based on the aforementioned inadequacies of Plaintiff's submissions, the Court grants Defendant an extension of time nunc pro tunc until Monday, April 10, 2023 to file a response to Plaintiff’s papers.

Additionally, an evidentiary hearing will be held on Tuesday, April 11, 2023 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl! Street, New York NY. Plaintiff shall be prepared to present testimony and documentary evidence. Defendant may attend, cross- examine witnesses, and present evidence.

SO ORDERED.

DATED: New York, New York March 31, 2023 Uthauixe (2. ke, KATHARINE H. PARKER United States Magistrate Judge