### Federal Natl. Mtge. Assn. ("FANNIE MAE") v Walter 2024 NY Slip Op 33098(U) September 4, 2024 Supreme Court, Kings County Docket Number: Index No. 511185/2018 Judge: Carolyn Mazzu Genovesi Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York State and local government sources, including the New

York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

## FILED: KINGS COUNTY CLERK 09/04/2024 01:18 PM INDEX NO. 511185/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 09/04/2024

1 of 5 Present 

### Hon. Carolyn Mazzu 

### Genovesi At an IAS Part FRP-5 of the 

### Supret11e Coutt of thcState 

### ofNew York, held 

### in andforthe County 

### ofKings, at t~e Cour~house, at 

### 360 Adams~~;~ 

### Brooklyn, New York, on thef day~~



### -- . ----- .--- .--------· --- .-------------· ------- ·------. - ·- .· -----.X. FEDER:A:L NATIONAL MORTGAGE ASSOCIATION ("FANNIE

### MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE lJN[TEDSTATESOF AMERICA, 

### Plaintiff:-againstCHAIM WALTER AS 

### HEIR TO 

### THE ESTA TE OF FERENCE 

### WALTER, GITTY ORIGINAL 

### FILED WITH THE 

### NIEDERMANAS HEIRTO THE ESTATE 

### OF.FERENCE WALTER, ESTHER SCHWARTZ AS HEIR TOTHE ESTATE 

### OF FERENCE 

### WALTER, CHANA WOSNER AS 

### HEIR TO 

### THE ESTATE.OF FERENCE 

### WALTER MARTIN WALTER AS HEIR TO THE 

### ESTATE OF FERENCE WALTER, 

### ANSI·TEL WALTER AS HEIR TO THE ESTATE OF FERENCE 

### WALTER, SHULEM V.1ALTERAS 

### HEIR TO TIIE ESTATE OF 

### FERENCE WALTER, DAVID WALTERAS HEIR TO 

## THE ESTATE OF FERENCE WALTER, SIMON WALTER 

### AS HEIRTO THE ESTA

### TE OF 

### FERENCEWALTER, UNKNOWN 

### HEIRS TO THE ESTATE 

### OF 

### FERENCE \VALTER 

### IF 

### LIVING.AND IF HE/SHE

### BE DEAD, 

### ANY 

### AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY 

### CLAIM TO HAVE AN 

### INTEREST IN, OR 

### GENERAL OR SPECIFIC. LIEN UPON 

### THE 

### RIZAL PROPE:R'fY DESCRIBED 

### IN tHIS 

# ti~g~~E1~E~**g~~~I~~**

# Jt~1(i~~BED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, 

### HUSBAND; VfIDOWER; HEIRS AT LAW; NEXT.OF KIN, DECISION 

### AND ORDER Index No.: 51 1185/2018 

### Motim1 Cal. No.; 

### 9 

### Mot. Seq. 2



### [* 1]

## FILED: KINGS COUNTY CLERK 09/04/2024 01:18 PM INDEX NO. 511185/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 09/04/2024

2 of 5 DESCENDANTS, EXECUTORS. ADMINISTRATORS, DEVISEES, LEGATEES,.CREDITORS, TRUSTEES, COMMITTEES, LIENORS, ANDASSIGNEES 

### OF SUCH DECEASED ANY AND 

### ALL

. . . '

. . . PERSONS DERIVING INTEREST IN 

### OR LIEN UPON, OR 

### TITLE TO SAID REAL PROPERTY BY, THROUGHOR UNDER THEI'vl,OR EITHER OF THEM. AND THEIR RESPECTIVE·WJVES, WIDOWS, 

### I-TUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES; LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, 

### LIENORS, 

### AND ASSIGNS, ALL OF WHOM AND \VF-I.OSE NAMES; EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF1 PEOPLE OF THE STATE OF 

### NEV/ YORK. UNITED 

### STATES OF AMERICA ACTING THROUGH THE IRS, BOARD OF MANAGERS OF THE 89 HARRISON AVENUE CONDOMINIUM, 

### NEW JERSEY ECONOMIC 

### DEVELOPMENT AUTHORITY, 

### NEV/ YORK STATE DEPARTMENT OF TAXATION AND FINANCE; COMMISSIONER OF JURORS KINGS COUNTY SELDA TURAN

. . . . '

. . . .**~** MUSTAFATURAN JOHN DOE (Those unknov,,rn tenants, occupants; persons or corporations ortheir heirs; distributees, executors, administrators, trustees, gual'dians, assignees, creditors; or successors claiming aninterest in the inortgaged pretnises) Defendants, 

### · .. --------. - ·-. - .-- ·---- ·--------------..----- .. ·-------. ---. ----X The following papers 

### were read 

### on this.mqtion·pursuant 

### to CPLR 22 l9(a):. 

### Pnpers 

### .Order to Show Cause 

### (MS# 2), Affirmation in !Support, Ex[iibits, A

### t'fi dhation .·in Suppo1t of Proposed OSC Aftirma,tion in Opposition to ()SC · Numbered 77. 69- 76 

### 79



### [* 2]

## FILED: KINGS COUNTY CLERK 09/04/2024 01:18 PM INDEX NO. 511185/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 09/04/2024

3 of 5 Upon the fotegoing papers, Federal National.MortgageAssociation ("plaintiff') moves, by order to 

### showcause, to enforce a settlement agreement dated November 29, 

### 2023, pursuant to CPLR2104 

### (MS# 2). Plaintiffcommenced a Foreclosure Action \\'ith the filing 

### ofa Smnmons and Complaint
on May 

### 3 I , 2 0 18. The defendantsjoined issf1e with the filing ofan Answer on 

### July 25, 20 

### 1 8. 0 n Nqvcmber 29. 2023, the parties enteredinto a Stipulation ofAgreementwhich provided that defendant had agreedto pay $200,000 in a settlement ofthe outstanding amount ofmoney due. Oi1 February 

### 9. 2024, the parties filed 

### a Stipulation ofWi.thdrawal oftheAnswer with Counterclaiilis arid a VoluntmyDisccintintmnce ofthe action executed 

### by both parties. The stipulation ofwithdta\val in re\evatit part provided the following: 

### t. The Eoreclosi.1re Complaint filed 

### by Plain:tiffon May 

### 31, 2018 and under index number 511185/2018 in the Supreme Court ofNewYork, County ofKings is hereby voluntarily discontinued. . . 2, TheAnswer,vith Comiterdaims filed by Defendants mi July 25, 2018 is hereb)' withdrawnwith pr~judice: 3. The foredosure action has been settled as a result 

## ofa short payoff Further, the parties executed and filed a stipulation ofthe cancellation ofthe Lis Pendei1s (m February 9, 2024. Plaintiffseeks 

## b5; Order to Show Cause to enforce the terms oftheSettlement Agreement. by securingthe payment ofthe note and mottgage that defendants had executed on March 20, 2003. Plaintiffasserts that after the parties entered theStipulation ofAgreement onNovember 29; 2023, the defendants were to pay $200,000 pursuant to tlie settleme11.t. Defendants did not provide the amountdue 

## at the deadline for the payment uoder the terms ofthe agreement. That date in the settlement agreement was December 29, 

### 2023. Pursuant to an addendum to agreement the plaintiffextended the defendants' deadline to pay to January 

### 9, 2024. Defendants then wired



### [* 3]

## FILED: KINGS COUNTY CLERK 09/04/2024 01:18 PM INDEX NO. 511185/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 09/04/2024

4 of 5 

### the 

### payments to plaii1tiff 011 

### January 

### 9, 2024. Plaintitlthen explains that on.February26,.2024,

. . 

### they notified the defendants that the payment was beingreturned to theii: issuing bank and requested that 

### the defendants resubmit the payment. The reason 

### for this remittance and request 

### for defondants·to resubmit the. settlement amount was not provided to·the court. Thereafter,. plaintiffasserts that defendants·never provided the paymei1ts purst1ant to the Settletnen:t Agreei'neht. On March 

### 28, 2024; 

### the ban:k provided defondants With it(1tice ofthe bteach 

### ofthe settlementagreemei1t as (llltlined 

### in the agreehtent. Plaintiffargues that pursuant to CPLR 2104 and the Court 

### ofAppeals case 

### of

### Bonnette v Long ls: Coll. Hosp., 

### 3 N.Y.3d 281 (2004), they are entitled to set aside the Settlement Agreement because defendants have breached that agreement Further, they seekto enforce the tei"ms 

### ofthe agreement vv'bich include the ability to continuethe foreclosure Action commenced
on May 

### 31, 20 

### l 8, lii1der the index nm11berin this 1nattet (51 

### I 185/2018). Addhionally, 

### they requestan order frbtri 

### the court dit'ectingthe defendants cure their breach of failure to pay pursuant·to the agreement. Defendants filed an Affirmation in Opposition to plaintiff's Orel.er to Show Cause arguing thatthe court lacks subject matterjurisdiction 

## in order to grantthi:!reliefsought by plaintiff. Defei1dant argliesthat the court lacks subject matterjurisdiction becausethe actionhad been discontim1ed and is.therefore no \011ger pending; Dd:endant proi./idesanAppellate Division; Second Department case of

### Estate q[Abranis 1,. SeavieH'Assn 

### of Fire

### ls. New Yifrk, 

### Inc., 151 

### AP3d 809 (2d 

### Dept201 

### 7). 

## ln that 

### matter t

### h.eh:i ,.:vas 

### a motion to 

### ettforce a sti1::>ulation of settlement 

### w\1ich was denied 

### after the action was tetminated 

### by a stipulatioi1 of

### discontinirnrice and 

### the Appellate Court 

### determined 

### that the
..denial 

### \Vas.proper becatise the. relie{ requestecl was



### [* 4]

## FILED: KINGS COUNTY CLERK 09/04/2024 01:18 PM INDEX NO. 511185/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 09/04/2024

5 of 5 not m;ailable 

### by way ofmotion since the action was terminated 

### by the stipulation of discontinuance. The court finds that 

### it lacks subject matterjurisdiction to decide plaintiff's orclei- to show
cause to ehJ'otce the agreement because there ,,vas a stipulation ofdiscontinuance ofthis action
on February 

### 9_, 2024 and that the forecfosute 

### case index numbet51185/20I 8 is no 

### longer pending. Estate q/Abrdms v Seaview Assn q{Fire ls. 

### New Ydrk, Inc., 151 

### AD3d 809 (2d Dept 

### 2017}, Teitelbaum Holdii7gs v Gold, 

### 48 NY2d 51 (1979), hlatter ofSerpico, 

### 62AD3d 887, 887- 

### '888 (2009). Accordingly; 

### plaititiff's order to show cause is denied.



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