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13-12269-reg Doc 13-3 Filed 07/15/13 Entered 07/15/13 18:08:19 Exhibit C

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EXHIBIT C

FILED: NEW YORK COUNTY CLERK 06/12/2013
NYSCEF DOC. NO. 172

13-12269-reg Doc 13-3 Filed 07/15/13 Entered 07/15/13 18:08:19 Exhibit C

INDEX NO. 650087/2010

RECEIVED NYSCEF: 06/12/2013

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SHIRLEY WERHER KC1RNREICH
SUPIhME COURT OF THE STATE
COUNTY P F NEW YORK

YORK

172 MADISON (NY) LLC,

vs.

Plaintiff,

: Index No. 650087/2010 E

. JUDGMENT OF FORECLOSURE
. ANDSALE

NMP GROUP, LLC, NATALIA PIROGOVA,
PERIMETER BRIDGE & SCAFFOLD co.,
INC., GATEWAY DEMOLITION COW., HRH
CONSTRUCTION LLC, YATES
RESTORATION GROUP, LTD., CRIMINAL
COURT OF THE CITY OF NEW YORK &
NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD,

Defendants.

Upon the Summons, Verified Complaint, Notice of Pendency of Action filed on February

4, 2010, and all papers filed in connection with Motion Sequence Nos. 003 (Motion for Partial

Summary Judgment) and 008 (Renewed Motion for Partial Summary Judgment);

Upon the affidavits of service previously filed in the New York County Clerk’s Office;

Upon the Notice of Motion to Confirm Referee’s Report and for Judgment of Foreclosure

hnd Sale;

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exhibits attached thereto;

Upon the Affirmation of Regularity of John P. Doherty, dated May 8, 2013, and the

Upon the Order of this Court, dated January 3,2012, which ordered the appointment of a

Referee to compute the amounts due and owing to .Plaintiff following entry of an order of

summary judgment in favor of Plaintiff and against Defendants for the relief set forth in

Plaintiffs Verified Complaint;

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Upon the Referee’s Report of Amount Due of Suzanne M. Berger, Esq., dated May 7,

2013, determining that as of September 28, 2012, the sum of $47,687,293.89, plus per diem

interest, default interest, and service fees commencing on September 29, 2012, and inclusive of

attorneys’ fees, is due and owing to Plaintiff under the applicable loan documents as set forth in

the Verified Complaint, including the Loan Agreement, the Amendments thereto, and Mortgage,

and that the mortgaged premises should be sold in one parcel; and

Upon all prior proceedings herein;

it is hereby ORDERED, ADJUDGED and DECREED, that Plaintiffs Motion for a

Judgment of Foreclosure and Sale is granted, and it is hrther ORDERED, ADJUDGED AND

DECREED that the Referee’s Report of Amount Due of Suzanne M. Berger, Esq., dated May 7,

2013, is, in all respects, ratified and confirmed; and it is further

ORDERED, ADJUDGED and DECREED, that the property identified in Section 1.1 of

the Mortgage and described in Exhibit A to the same, which Mortgage is annexed to the Verified

Complaint in this action as Exhibit C (the “Premises”), be sold at public auction as provided by

law, at

by and under the direction of 5 w ~ c i n l ~

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who is hereby appointed Referee for that purpose; that said‘Referee give public notice of the time

and place of such sale in accordance with Real Property and Procedure Law Section 231 in the
yew

-wfi*\ ; and it is further

ORDERED, ADJUDGED AND DECREED, that Plaintiff or its nominee or any other

parties to this action may become the purchaser or purchasers at such sale; that in case Plaintiff

or its nominee shall become the purchaser at the sale it shall not be required to make any deposits

thereon; that the Referee execute to the purchaser or purchasers on such sale a deed of the

premises sold; that the Referee on receiving the proceeds of such sale forthwith pay therefrom, in

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C

accordance with their priority according to law, the taxes, assessments or water rates that are or

may become liens of the premises at the time of sale, together with such i6terest or penalties that

may have lawfully accrued thereon to the date of payment; that the Referee then deposit the

balance of the proceeds of sale in hisher name as Referee in the amount received at the sale, in
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and hiechecks drawn for that purpose shall be paid by the Depository;

(the “Depository”); and shall thereafter make the following payments,

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FIRST: The &&&y

fees of said Referee,

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SECOND: The expense of the sale and the advertising expenses as shown on the bills

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presented, and certified by said Referee to be correct, duplicate copies of which shall be left with

said Depository and filed with the clerk of this Court;

THIRD: Said Referee shall also pay to Plaintiff or Plaintiffs attorney the costs and
disbursements in this action, as fixed” by the Clerk of this Court in accordance with the applicable

Rules, with additional allowances of $1 50.00 and $300.00 hereby awarded to the Plaintiff under

the Civil Practice Law and Rules Sections 8302(b) and 8303(a)(l), with interest thereon from the

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date hereof; and also the sum of $47,687,293.89, the amount so reported due and owing ljy

Referee in (he May 7, 2013 Report of Amount Due to Plaintiff as of September 28, 2012, plus

the per diem interest as set forth in the Referee’s Report (per diem interest in the amount of

$9,913.45, per diem default interest in the amount of $4,130.60, and a per diem se

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of the delivery of the Referee’s deed, whichever is later, or so much thereof as the purchase

money will pay of the same;

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FOURTH: The Referee shall pay the expenses, if any, of maintaining and for the

preservation of the property, as well as any incurred in security, and any other expenses, whether

made before or &er the entry of this judgment, not previously included in any computations,

upon presentation to the Referee of the proper receipts: that in case Plaintiff be the purchaser of

the Premises at that sale, or in the event that the rights of the purchaser at that sale and the terms

of sale under this judgment shall be assigned to and be acquired by Plaintiff or its nominee, and a

valid assignment thereof filed with the Referee, the Referee shall not require Plaintiff or its

nominee to pay in cash the entire amount bid at the sale, but shall execute and deliver to Plaintiff

or its nominee a deed or deeds of the premises sold upon the payment to the Referee of the
amounts,specified above in items marked “FIRST” and “SECOND” and the amounts of the

aforesaid taxes, assessments and water rates, and interest or penalties thereo or,in

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lieu of the

payment of the last mentioned amounts, upon filing with the Referee receipts of the proper

municipal authorities showing the payment thereof; that the balance of the amount bid, after

deducting therefrom the aforesaid amounts paid by Plaintiff for Referee’s fees, advertising

expenses, and taxes, assessments, and water rates, shall be allowed to Plaintiff or its nominee and

applied by the Referee upon the amounts due to Plaintiff as speciijed above in the item marked

“THIRD”; that if after so applying the balance of the amount bid, there shall be a surplus over

and above those amounts due to Plaintiff, Plaintiff or its nominee shall pay to the Referee, upon

delivery to him of the Referee’s deed, the amount of such surplus; tha; the Referee on receiving

those amounts from Plaintiff shall forthwith pay therefrom the taxes, assessments, water rates,

and interest or penalties thereon unless the same have already been paid, and shall then pay the

surplus into the Court; and it is further

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e

ORDERED, AJUDGED AND DECREED, that the Referee shall take the receipts of

Plaintiff or its attorneys for the amounts paid as hereinbefore directed and file it with his report

of sale; that the Referee shall pay into this Court the surplus moneys, if any, within five (5) days

after the same shall be received and be ascertainable to the credit of this action, to be withdrawn

only on the order of this Court; that said Referee make his report of such sale under oath showing

fhe disposition of the proceeds of the sale and accompanied by the vouchers or the person to

I

whom payments were made, and file it with the Clerk of the County of New York within thirty

(30) days after completing the sale and executing the proper conveyance to the purchaser; and it

is further

ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at the sale

be let into possession on production of the Referee’s deed or deeds; and it is further

ORDERED, ADJUDGED AND DECREED, that each of the Defendants in this action

and all persons claiming under them, or any or either of them, after the filing of such Notice of

Pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim,

lien, title, interest, and equity of redemption of the Premises and each and every part thereof; and

it is further

ORDERED, ADJUDGED AND DECREED, that the Premises be sold in one parcel in

“as is” physical order and condition, subject to the following: any state of facts that an inspection

of the Premises would disclose; any state of facts that an accurate survey of the Premises would

show; sums, if any, of real estate taxes, and assessments, water, sewer, and vault charges, with

interest and penalties, including lien and certificate salis for delinquent items, unless paid from

the proceeds of the foreclosure sale; any covenants, reservations, restrictions, easements and

public utility agreements of record, if any; any building and zoning ordinances of the

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13-12269-reg Doc 13-3 Filed 07/15/13 Entered 07/15/13 18:08:19 Exhibit C

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municipality in which the Premises is located and possible violations of same; all rights of

tenants or persons in possession of the Premises other than tenants, if any, named as Defendants

in this action; prior mortgage lien(s) of record, if any; any equity of redemption of the United

States of America to redeem the Premises or any part thereof within one-hundred twenty (120)

days from the date or sale.

Said real property commonly known as 21 East 33rd Street, 172 Madison Avenue, and

176 Madison Avenue, New York, New York (collectively, the "Mortgaged Premises"). A

description of said Mortgaged Premises hereinbefore mentioned is annexed hereto as Schedule A

and made a part hereof

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SCHEDULE A

LaGALDESCIW”I0N

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,

County. City and State of New York, bounded and descrii as follows:

Lot11
ALLTHAT CERTAIN PLOT, piece or parcel of land, situate, lying and being in the B o w of
m
BEGINNING at a point on the northerly line of 33rd Street, distant 95 fcct wstnly fnnnthe comer
formal by the intersection of the westaly line of Madison Avcnue with the wrulerly l h of 33rd StrcCt:
RUNNING THENCE westerly along the rorthuly line of 33rd Srreet, 25 feet;
THENCE northerly and parallel with Madison’Awnue, 108 feel844 inches,
THENCE easterly and parallel with 33rd Street, 25 feet;
THENd swlherly and pmlkl with Madison Avenue. 108 feet 8-3/4 inches to the point OT place Of
BEGINNING.

MIS PROPERTY IS OR Wlll
BE PRINCIPALLY IMPROKD
fb&hfir

B V h a R I

LKJI 1 8
W THAT CERTAIN PLOT. piece oc parcel of land, situate, lying and being in chc Borough of
Manhattan, City, County and State &New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly side of East 33rd Street witb tbe
wwtcrly side of Madison Avenue;
RUNNING THENCE northerly along the westerly side of Madison Avenue, 49 feet 4 112 inches;
THENCE westerly and parallel with East 33rd Street, 95 feet
THENCX southerly and parallel with Madison Avenue, 49 feet 4 1/2 inches to the northerly side d tipa(
33rd stnet;
THENQ2 easterly along the northerly side of East 33rd Stmt, 95 feet to the point or place of
BEGINNING,

~-

Lot 21:
Au. THAT CERTAIN PLOT. piece or parcel of land, situate, lyins and being in the Bolough of
Mmhattm, City, County and State &New YO&, bounded and described as follows:
BEGINNING at a point on thc westesly side of Madison Avenue, distPnt 49 feet 4 112 hChCS northerly
from the comer formed by the intersection oftbe westerly side of Madison Avenue with the northwly side
’of 33d Street;
R W G THENCE northerly along the westerly side of Madison Avenue. 34 feet 8 inches,
THENCE westerly, parallel with 33rd Street. 95 feet;
THENCE southerly, ‘)mallel with Madison Avenue, 34 feet 8 inches; and
THENE easterly and parallel with 33rd Street, 95 feet !o the point or place of BEGINNING.
For Informational Purposes Only:
Section: 3
Ropaty Address. 21 East 33rd Smt. 172-174 Madison Avenue and 176 M*n

Lot: 17,18and21

Block: 863

Averme,

New York, NY

I

THIS PROPERTY fS OR wit
BE pRiNcmw U~VT~OVI D

BY CGnPloaIQd etelbink :

105MXw9.4

EXH. A-1

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13-12269-reg Doc 13-3 Filed 07/15/13 Entered 07/15/13 18:08:19 Exhibit C

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Index Number 650087-2010E

...-I

Supreme Court of the State of New York
County of New York

--

172 Madison (NY) LLC

Plaintiff,

V.

NMP Group, LLC, Natalia Pirogova, Perimeter Bridge
& Scaffold Co., Inc., Gateway Demolition Corp.,
HRH Construction LLC., Yates Restoration Group, LTD.,
Criminal Court of the City of New York & New York City
Environmental Control Board.

Defendants,

Judgment of Foreclosure and Sale

ALSTONG-BIRD

L ~ p F \ L E D

Attorneys for

90 Park Avenue

New York, New York 10016-1387

212-210-9400

E- -

Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York Sti
certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the anne:
document are not frivolous and that (2) if the annexed document is an initiating pleading, (I) the matter was
obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct 1
not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potent
claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a.
Signature ..............................................................................................................................
Dated: .............................................
Print Signer's Name .............................................................................................................

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Service of a copy of the within
Dated:

PLEASE TAKE NOTICE

AttorneyCs) for

is hereby admitt1

that the within is a (certified) true copy of a
entered in the qfliice of the clerk of the within-named Court on

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ii
3 NOTICE OF
3
d

ENTRY

i '

NOTICE OF €Ion.
SETTLEMENT at
o n

that an Order of which the within i s a true copy will be presented for settlernenl to the

, one of thejudges of the within-named Court,
> at

M.

20

Dated:

Attorneys for

ALSTONG-BIRD

I

LL

Plaintiff

90 Park Avenue

New York, New Yorlc 10016-138'

21 2-21 0-9400