[*1]
HSBC Bank USA, N.A. v Taher
2011 NY Slip Op 51208(U)Decided on July 1, 2011Supreme Court, Kings CountySchack, 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 This opinion is uncorrected and will not be published in the printedOfficial Reports. Decided on July 1, 2011
Supreme Court, Kings County
HSBC Bank USA, N.A., AS INDENTURE TRUSTEE FORTHE REGISTERED NOTEHOLDERS OFRENAISSANCE HOME EQUITY LOAN TRUST 2007-2,Plaintiff, Index No. 9320/09againstEllen N. Taher, et. al., Defendants.
9320/09Appearances:Plaintiff Shapiro, Dicaro & Barak, LLCRochester NY
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DefendantNo AppearanceArthur M. Schack, J.
The following papers numbered 1 - 2 read on this motion
:
Papers Numbered
:
Proposed Order of Reference with Affidavits/Exhibits
1
Affirmation pursuant to Administrative Order 548/10______
2
________________________________________________________________________[*2]
In this foreclosure action, plaintiff HSBC BANK USA, N.A., AS INDENTURETRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOMEEQUITY LOAN TRUST 2007-2 (HSBC), moved, upon the default of all defendants,for an order of reference and related relief for the premises located at 931 GatesAvenue, Brooklyn, New York (Block 1632, Lot 57, County of Kings). Beforeconsidering plaintiff HSBC's instant motion, I issued a decision and order, datedNovember 8, 2010, instructing plaintiff's counsel, to comply with the requirements of Chief Administrative Judge Ann T. Pfau, in her Administrative Order 548/10 of October 20, 2010, that an affirmation be submitted "within sixty (60) days of thisdecision and order, or the instant foreclosure action will be dismissed with prejudice."My decision and order mandated:plaintiff's counsel to state that he communicated on a specific datewith a named representative of plaintiff HSBC who informed counsel
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that he or she:(a) has personally reviewed plaintiff's documents and recordsrelating to this case; (b) has reviewed the Summons andComplaint, and all other papers filed in this matter in supportof foreclosure; and, (c) has confirmed both the factual accuracyof these court filings and the accuracy of the notarizationscontained therein.Further, plaintiff's counsel, based upon his or her communicationwith plaintiff's representative named above must upon his or her"inspection of the papers filed with the Court and other diligentinquiry, . . . certify that, to the best of [his or her] knowledge, informationand belief, the Summons and Complaint filed in support of this actionfor foreclosure are complete and accurate in all relevant respect."Counsel is reminded that the new standard Court affirmation formstates in a note at the top of the first page:During and after August 2010, numerous and widespreadinsufficiencies in foreclosure filings in various courts around the
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