Firm Case No. 223771-1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY IN ITS
`CAPACITY AS INDENTURE TRUSTEE OF CIM
`TRUST 2020-R5,
`
`Plaintiff
`- against -
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`JOHN ANDREW LUMPKIN; BOARD OF MANAGERS
`OF THE ALTA VISTA CONDOMINIUM; CRIMINAL
`COURT OF THE CITY OF NEW YORK; NEW YORK
`STATE DEPARTMENT OF TAXATION AND
`FINANCE; BANK OF AMERICA, N.A.,
`
`Defendants
` Index No. 850416/2023
`
`AFFIRMATION IN SUPPORT
`OF MOTION TO
`DISCONTINUE ACTION,
`V ACATE JUDGMENT OF
`FORECLOSURE AND SALE
`AND CANCEL LIS PENDENS
`
`Mortgaged Premises:
`92 Perry Street Unit 20
`New York, NY 10014
`
`Block: 621
`Lot: 1120
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`I, Joseph A. Famulari II, Esq., the undersigned, an attorney duly admitted to practice law in the
`State of New York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that:
`1. I am an associate of the firm Friedman Vartolo LLP, the attorneys of record for the Plaintiff
`in this action, and I am fully familiar with the proceedings had herein.
`2. This affirmation is submitted in support of the motion to cancel the N otice of Pendency
`filed in the New York County Clerk’s Offi ce on June 12th, 2023, discharge Referee Jeffrey R. Miller,
`Esq. of his duties as Referee, vacate the Judgment of Foreclosure and Sale entered on February 6, 2025,
`and to discontinue the pending foreclosure action.
`3. The instant action was commenced on June 12 th, 2023 when the Summons, Complaint
`(NYSCEF Doc. No. 1) and Notice of Pendency ( NYSCEF Doc. No. 10 ) were filed in the New York
`County Clerk’s Office.
`4. One or more foreclosure settlement conferences were held, as required by CPLR §3408,
`as amended.
`FILED: NEW YORK COUNTY CLERK 08/14/2025 05:26 PMINDEX NO. 850416/2023
`NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/14/2025
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`Firm Case No. 223771-1
`5. A Judgment of Foreclosure and Sale was signed by Hon. Arlene P. Bluth, J.S.C. and
`entered with the New York Clerk’s Office on February 6th, 2025. (NYSCEF Doc. No. 90)
`6. Thereafter, the parties were able to settle the matter amicably as a result of the loan being
`paid in full.
`7. As a result of the aforementioned, the underlying foreclosure action should be
`discontinued, pursuant to CPLR §3217(b), the Judgment of Foreclosure and Sale vacated, and the Notice
`of Pendency filed in the New York County Clerk’s Office on June 12th, 2023 should be discharged of
`record pursuant to CPLR §6514(a).
`8. Furthermore, Jeffrey R. Miller, Esq., the appointed Referee in this action, should be
`released and discharged from his duties as said Referee.
`9. This application is on notice to all defendants entitled to notice.
`10. No previous application has been made for the relief requested herein.
`WHEREFORE, it is respectfully requested that the Plaintiff’s motion be granted in its entirety,
`and such other and further relief as the Court may deem to be just and proper.
`Dated: August 14, 2025
`New York, New York
`______________________________
`Joseph A. Famulari II, Esq.
`FRIEDMAN VARTOLO LLP
`Attorneys for Plaintiff
`1325 Franklin Avenue, Suite 160
`Garden City, NY 11530
`FILED: NEW YORK COUNTY CLERK 08/14/2025 05:26 PMINDEX NO. 850416/2023
`NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/14/2025
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`Firm Case No. 223771-1
`WORD COUNT CERTIFICATION
`J
`oseph A. Famulari II, Esq., an attorney admitted to practice in the courts of New York State,
`hereby affirms under penalty of perjury that:
`I
` am an associate of the firm of FRIEDMAN V ARTOLO LLP the attorneys of record for the
`Plaintiff in the within action.
` T
`his computer generated ATTORNEY AFFIRMATION was prepared using a proportionally
`spaced typeface. The total number of words, inclusive of caption, point headings and footnotes, if any,
`and exclusive of exhibit, word count certification, or any authorized addendum is 459.
`D
`ated: August 14, 2025
`New York, New York
`______________________________
`
`Joseph A. Famulari II, Esq.
`FRIEDMAN V ARTOLO LLP
`Attorneys for Plaintiff
`1325 Franklin Avenue, Suite 160
`Garden City, NY 11530
`FILED: NEW YORK COUNTY CLERK 08/14/2025 05:26 PMINDEX NO. 850416/2023
`NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/14/2025
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