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Real Property: Foreclosure | New York Eastern
Summary Judgment
MOTION for Summary Judgment by Blue Castle (Cayman) Ltd.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Attorney Declaration in Support, # 3 Exhibit 1 - Complaint w/ exhibits, # 4 Exhibit 2 - Defendants Answer, # 5 Exhibit 3 - 90 Days, # 6 Exhibit 4 - 30 Days, # 7 Exhibit 5 - August 28, 2025 Order, # 8 Exhibit 6 - Executed Supplemental Summons, # 9 Exhibit 7 - Executed AOS, # 10 Exhibit 8 - EDDS Confirmation Filing LP, # 11 Exhibit 9 - 2/20/2024 LP, # 12 Exhibit 10 - RPAPL 1303 Notices, # 13 Declaration Declaration RPAPL 1304, # 14 Exhibit 1 - 90 Day, # 15 Exhibit 2 - 30 Day, # 16 Rule 56.1 Statement, # 17 Affidavit Affidavit of John Ramer, # 18 Exhibit A - Payoff and Loan History) (Hadar, Shachar)
Order(Other)
ORDER: The defendants' 78 motion to vacate the 73 consent judgment entered on May 28, 2026 pursuant to Fed. R. Civ. P. 60(b) is granted to the extent only that the public sale now set for July 30, 2026 is vacated until further order of the Court, and that no future auction sale of the property shall take place without further order of the Court. The balance of the 78 motion to vacate the 73 consent judgment because it was "procured through fraud, coercion, ineffective assistance of counsel, language barriers, and violations of Defendants' due process rights," see Dkt. 78-1 at 32, is respectfully referred to Magistrate Judge Peggy Cross-Goldenberg for a report and recommendation as to her findings. The request for a temporary restraining order and preliminary injunction is denied as moot. Ordered by Judge Eric N. Vitaliano on 7/15/2026. (MVZ)
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