Hon. Arthur M. Schack does it again!
JP Morgan Chase Bank, N.A. v George
2010 NY Slip Op 50786(U)
Decided on May 4, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 4, 2010
Supreme Court, Kings County
JP Morgan Chase Bank, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4, Plaintiff,
against
Gertrude George, IVY MAY JOHNSON, GMAC MORTGAGE CORPORATION, DANIEL S. PERLMAN, et. al., Defendants.
10865/06
Plaintiff– JP Morgan Chase Bank
Steven J Baum, PC
Amherst NY
Defendant– Gertrude George
Edward Roberts, Esq.
Brooklyn NY
Defendant– Ivy Mae Johnson
Precious L. Williams, Esq.
Brooklyn NY
Arthur M. Schack, J.
_______________________________________________
Accordingly, it is
ORDERED, that the order to show cause of defendant IVY MAE JOHNSON, to vacate the January 16, 2008 judgment of foreclosure and sale for the premises located at 47 Rockaway Parkway, Brooklyn, New York (Block 4600, Lot 55, County of Kings), pursuant to CPLR Rule 5015 (a) (4), because plaintiff, JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4, lacked standing to commence the instant action and thus, the Court never had jurisdiction, is granted; and it is further
ORDERED, the instant complaint of plaintiff JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4 for the foreclosure on the premises located at 47 Rockaway Parkway, Brooklyn, New York (Block 4600, Lot 55, County of Kings) is dismissed with prejudice.
This constitutes the Decision and Order of the Court.
ENTER
___________________________
Hon. Arthur M. SchackJ. S. C..
Read the order in its entirety below…
4closureFraud
JP Morgan Chase Bank, N.A. Against Gertrude George Et Al
I THINK THIS IS HIS FORTE DONT THINK HE IS THAT GREAT YET FOR OTHER REASONS. BUT OPEN TO CHANGING MY MIND
[…] Brooklyn Beatdown – Hon. Arthur M. Schack – Foreclosure Judgement and Sale Vacated, Case Dismiss… […]
A great and honest jurist! Why do so many other judges thumb their nose at the simplest of legal concepts is beside me!
If only we all could move our cases to Judge Shack’s courtroom……………
ForeclosureHamlet.org
If he were younger I’d say Scchack should be nominated for the SCOTUS position opening up. It’s a little depressing though that a judge that simply enforces the law is a noteworthy standout from the rocket-docket clones who disgrace courtrooms from the Atlantic to the Pacific.