Residential Mtge. Loan Trust 2013-TT2 v. Fiorita

Residential Mtge. Loan Trust 2013-TT2 v Fiorita 2025 NY Slip Op 31661(U) May 6, 2025 Supreme Court, Suffolk County Docket Number: Index No. 600936/2016 Judge: Paul M. Hensley 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.

FILED: SUFFOLK COUNTY CLERK 05/07/2025 12:34 PM INDEX NO. 600936/2016 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/07/2025

SUPREME COURT- STATE OF NEW YORK PART 70, SUFFOLK COUNTY PRESENT: HON. PAUL M. HENSLEY, JSC

RESIDENTIAL MORTGAGE LOAN TRUST Index No. 600936/2016 2013-TT2, BY U.S. BANK NATIONAL Motion Date: 5/5/2025 ASSOCIATION, NOT IN ITS INDIVIDUAL Submit Date: 5/6/2025 CAP A CITY, BUT SOLELY AS LEGAL TITLE TRUSTEE RMLT 2013-TT2, Motion Seq.: 004-MG; CASEDISP Plaintiff, ATTORNEY FOR PLAINTIFF: -against- Friedman V artolo LLP Stephen J. Vargas, Esq.

PETER E. FIORITA A/KIA PETER FIORITA, 1325 Franklin Ave., Suite 160 Garden City, NY 11530 ANNA FIORITA A/KIA ANNA NACCHIA, ATTORNEY FOR DEFENDANT: NEW YORK STATE DEPARTMENT OF Justin F. Pane, P.C.

TAXATIO AND FINANCE, Justin Felix Pane, Esq.

80 Orville Dr., Suite 100 PALISADES COLLECTION LLC AS Bohemia, NY 11 716 ASSIGGNEE OF AT&T WIRELESS, Peter E. Fiorita CAPITAL ONE BANK USA, NA, Pro Se 2403 Commons Way JOHN DOE #1 -#12, Bohemia, NY 11729 Defendants. New York State Department of Taxation and Finance W. Averell Harriman Bldg. Campus Bldg. 9 Albany, NY 12209 Palisades Collection LLC Sylvan Ave. Englewood Cliffs, NJ 07632 Capital One Bank USA, NA 1111 E. Main St., Suite 1600 Richmond, VA 23218 John Doe #1 -#12 Bywa~Dr. Deer Parl<:, NY 11 729 \

[* 1] 1 of 2 FILED: SUFFOLK COUNTY CLERK 05/07/2025 12:34 PM INDEX NO. 600936/2016 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/07/2025

Upon the following papers read on defendant's motion for sanctions against plaintiff: NYSCEF documents 1 thru 131; it is hereby ORDERED plaintiff shall pay defendant $5,046.36 as a sanction for frivolous conduct within thirty (30) days of this decision.

On January 21 , 2016, plaintiff commenced this action to foreclose on a residential mortgage related to property commonly known as 27 Byway Drive, Deer Park, New York 11729. On August 6, 2018, the matter was dismissed as time-barred (Mayer, J.) (NYSCEF document# 64).

A final judgment was entered on October 22, 2018 (Kevins, J.) (NYSCEF document # 76).

Plaintiff was directed to serve the Suffolk County Clerk and cancel the lis pendency.

Contemptuously, plaintiff disregarded Justice Kev ins order and filed a new lis pendens on November 19, 2018 (NYSCEF document# 79). On May 19, 2021 , the Appellate Division dismissed plaintiffs appeal , finding plaintiffs complaint time-barred.

Shockingly, plaintiff moved to restore the time-barred matter to the calendar and by order dated July 18, 2022, this Court denied the motion (NYSCEF document# 117). Plaintiffs appeal of that order was withdrawn on December 27, 2023 . In motion sequence #003 plaintiff moves to discontinue the action "without prejudice" and attempts to de-accelerate the mortgage. After reading defendant's cross-motion for sanctions plaintiff withdrew the motion to discontinue.

At the outset, contrary to plaintiffs position the matter has been resolved with prejudice.

Moreover, the time-barred mortgage cannot be de-accelerated as the issue has already been adjudicated. Accordingly, the motion, now withdrawn, is frivolous pursuant to 22 NYCRRR 130-1.1. As defendant's counsel requests $5 ,046.36 in actual and reasonable attorney fees and expenses, the Court finds that sum to be a reasonable sanction given plaintiffs frivolous conduct.

In the event that plaintiff objects to that amount within ten (10) in writing, a hearing shall be held to determine the appropriate sanction for plaintiffs willful, contemptuous, and frivolous conduct, at which the managing partner of plaintiff counsel and the client Trustees of plaintiff are directed to appear.

ENTER:

Date: May 6, 2025 Riverhead, New York

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