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Normandy Capital Trust v. 2606 Clarendon Rd. LLC

Trust Fails to Submit Evidence of Borrower's Alleged Payment Default

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The following e-filed papers read herein:           NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations)             16-22, 24 Opposing Affidavits (Affirmations)     28-32 Reply Affidavits (Affirmations)           33-34 Upon the foregoing papers in this action to foreclose a commercial mortgage on the real property at 301 East 26th Street in Brooklyn (Block 5192, Lot 1) (Property), plaintiff Normandy Capital Trust (Normandy Trust), by and through its trustee, Wilmington Savings Fund Society, FSB (WSF) moves (in motion sequence [mot. seq.] one) for an order: (1) granting the Normandy Trust summary judgment against defendants 2606 Clarendon Road LLC (2606 Clarendon or borrower) and Benzion L. Eisenberg (Eisenberg or guarantor), pursuant to CPLR 3212; (2) awarding the Normandy Trust a default judgment against non-appearing defendant The City of New York Environmental Control Board (NYCECB), pursuant to CPLR 3215; (3) striking 2606 Clarendon and Eisenberg’s answers; (4) amending the caption to remove the John Doe defendants; and (5) appointing a referee, pursuant to RPAPL 1321. Background On May 12, 2021, WSF commenced this commercial foreclosure action on behalf of the Normandy Trust by filing a summons, a verified complaint and a notice of pendency against the Property. The complaint alleges that on July 31, 2019, the borrower, 2606 Clarendon, executed an Amended, Restated and Consolidated Commercial Promissory Note in the principal amount of $2,135,000,00 (Consolidated Note) in favor of Ice Lender Holdings LLC (lee), which was secured by a Consolidation and Modification of Mortgage Security Agreement (Consolidated Mortgage) and an Assignment of Rents and Fixtures (complaint at

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