Wells Fargo Bank, N.A. v Hunte
2010 NY Slip Op 50637(U)

Decided on April 14, 2010

Supreme Court, Kings County
Schack, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 14, 2010

Supreme Court, Kings County

Wells Fargo Bank, N.A. d/b/a AMERICAS SERVICING COMPANY, Plaintiff,

against

Glenda Hunte, et. al., Defendants.

12705/07

Appearances:

Plaintiff

Peter G. Zavatsky

Zavatsky Mendelsohn Gross Savino & Levy LLP

Syosset NY

Arthur M. Schack, J.

In this mortgage foreclosure action, plaintiff’s motion for judgment of foreclosure and sale for the premises located at 1917 Bergen Street, Brooklyn, New York (Block 1446, Lot 55, County of Kings) is denied with prejudice. The complaint is dismissed. The notice of pendency filed against the above-named real property is cancelled. Plaintiff, WELLS FARGO BANK, N.A. d/b/a AMERICAS SERVICING COMPANY (WELLS FARGO), lacks standing to continue this action because the instant mortgage was satisfied on May 20, 2009. Plaintiff’s counsel never notified the Court that the mortgage had been satisfied and failed to discontinue the instant action with prejudice. I discovered that the mortgage had been satisfied by personally searching the Automated City Register Information System (ACRIS) website of the Office of the City Register, New York City Department of Finance. Plaintiff’s counsel, Peter G. Zavatsky, Esq., and his firm, Zavatsky, Mendelsohn & Levy, LLP, will be given an opportunity to be heard as to why this Court should not sanction them for making a “frivolous motion,” pursuant to 22 NYCRR §130-1.1.

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Wells Fargo Bank, N.A. v Hunte
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