NYCTL 2016 - A Trust v. Tiff Holding Corp.

NYCTL 2016 - A Trust v Tiff Holding Corp. 2025 NY Slip Op 31711(U) May 12, 2025 Supreme Court, Queens County Docket Number: Index No. 711939/17 Judge: Kevin J. Kerrigan 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.

INDEX NO. 711939/2017 !FILED: QUEENS COUNTY CLERK 05/13/2025 08:47 AM) NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 05/13/2025

Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY Present : HONORABLE KEVIN J. KERRIGAN Part ---1.Q_ Justice --- ---- --------------- ---- --------------x NYCTL 2016 - A Trust and The Bank of New York Mellon , as collateral agent and custodian Index for the NYCTL 2016 - A Trust , Number : 711939/17 Motion Plaintiff , Date : 5/5/25 - against - Tiff Holding Corp ., etal ., Motion Seq . No .: 2 Defendants . ------------ ---- --------- ----- ------- - --x The following papers numbered E37-E65 & E69 -E70 read on this application by Plaintiff for summary judgment , amendment of the caption and an order of reference .

Papers Numbered Notice of Motion-Affirmation-Exhibits ....... ..... ... E39-57 Affirmation in Opposition - Exhibits .. . . . . . . . . . . . . . . . . E58-65 Reply . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E69- 70

Upon the foregoing papers it is ordered that the motion is decided as follows : Application by Plaintiff for summary judgment , amendment of the caption and an order of reference is denied without prejudice . This action has not been released by the Foreclosure Settlement Part .

Indeed , a settlement conference was first held on March 20 , 2025 and a second conference is currently scheduled for May 15 , 2025 . The Court acknowledges that a settlement conference is not statutorily required in order for Plaintiff to proceed with motion practice since it is a tax lien foreclosure . However , per the memorandum issued by the then-Administrative Judge , Lawrence K. Marks on September 9 , 1 , all tax lien foreclosure must be assigned to the appropriate foreclosure settlement conference parts in the first instance and the actions are required to be " actively conferenced ." Accordingly , the Court is within its discretion to deny the motion without prejudice up and until this action is released from the settlement part .

Dated : May 12 , 2025 ~ KEVIN J . KERRIGAN , J . S . C .

FILED 5;1312025 1A COUNTY CLERK [* 1] QUEENS COUNTY 1 of 1