Christopher M. Mongiello v. City of New Rochelle, et al.

District Court, S.D. New York·Decided April 13, 2026·No. 7:24-cv-04842·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x CHRISTOPHER M. MONGIELLO, OPINION & ORDER Plaintiff, ON MOTION FOR SUMMARY JUDGMENT - against - No. 24-CV-4842 (CS) CITY OF NEW ROCHELLE, et al., Defendants. -------------------------------------------------------------x

Appearances:

Christopher M. Mongiello Pelham Manor, New York Pro Se Plaintiff

Brian S. Sokoloff Vincent E. Ferry Sokoloff Stern LLP Carle Place, New York Counsel for Defendants

Seibel, J. Before the Court is the motion for summary judgment of Defendants City of New Rochelle, Office of The City Marshal1 and Wil Ortiz a/k/a Will Ortiz (“Defendants”), (ECF No. 55), and the cross-motion for sanctions of Plaintiff Christopher M. Mongiello, (ECF No. 62). For the following reasons, Defendants’ motion is GRANTED, and Plaintiff’s cross-motion is DENIED.

1 The spelling of “Marshal” is inconsistent throughout the parties’ filings, with both parties sometimes using one “L” and other times using two. For consistency, the Court uses one “L,” as that appears to be the more widely accepted spelling. See Marshal, Merriam Webster, https://www.merriam-webster.com/dictionary/marshal (last visited Apr. 8, 2026). I. BACKGROUND Facts The following facts are based on Defendants’ Local Civil Rule 56.1 Statement, (ECF No. 56 (“Ds’ 56.1 Stmt.”)), Plaintiff’s Response thereto, (ECF No. 67 at 1-13 (“P’s 56.1 Resp.”)), and the evidentiary materials submitted by the parties, and are undisputed unless otherwise

noted.2 In 2006, Plaintiff and his then-wife, Tiffany Eastman, purchased a condominium in New Rochelle, New York for $610,000, financing the purchase through two mortgages. (Ds’ 56.1 Stmt. ¶¶ 1-2.) After his divorce in 2010, Plaintiff obtained full ownership of the condominium. (Id. ¶ 3.) In 2013, however, the property became the subject of foreclosure proceedings. (Id. ¶ 4.)3 Although the initial lender was IndyMac, the Federal Deposit Insurance Corporation assumed control of Plaintiff’s mortgage when IndyMac failed. (Id.) During the foreclosure

2 I disregard those portions of Plaintiff’s 56.1 Response purporting to “qualif[y]” or add “context” to undisputed facts by interjecting additional facts or legal arguments. See Risco v. McHugh, 868 F. Supp. 2d 75, 85 n.2 (S.D.N.Y. 2012) (improper to “interject[ ] arguments and/or immaterial facts in response to facts asserted by Defendant[s], without specifically controverting those facts”); Costello v. N.Y. State Nurses Ass’n, 783 F. Supp. 2d 656, 661 n.5 (S.D.N.Y. 2011) (disregarding responses that “do not specifically dispute Defendants’ statements or consist of conclusory allegations, speculation or conjecture”); see also Warren v. Ewanciw, No. 15-CV- 8423, 2019 WL 589488, at *2 n.4 (S.D.N.Y. Feb. 13, 2019) (disregarding “denials that quibble[] with Defendant[s’] phraseology, but do[] not address the factual substance asserted by Defendant[s]”). (Unless otherwise indicated, case quotations omit all internal citations, quotation marks, footnotes and alterations. The Court will send Plaintiff copies of any unpublished cases cited in this Opinion and Order.) 3 Defendants attribute the foreclosure action to Plaintiff’s failure to timely make his mortgage payments. (Ds’ 56.1 Stmt. ¶ 4.) Plaintiff argues that he went into default because his loan servicers “imposed fraudulent and unauthorized charges that were neither due nor owing.” (P’s 56.1 Resp. ¶ 4.) The cause of the default is immaterial to the instant motion. action, Plaintiff entered into a loan modification with Ocwen Loan Servicing (“Ocwen”), which he understood to be an IndyMac affiliate. (Id. ¶ 5.) In January 2019, Plaintiff began receiving mortgage statements from PHH Mortgage (“PHH”) that listed Eastman as a co-borrower. (Id. ¶ 6.) After PHH refused to remove Eastman’s name or honor the loan modification to which Plaintiff had agreed with Ocwen,

Plaintiff filed suit in July 2020 against HSBC Trust, the holder of the note. (Id. ¶¶ 6-7.)4 The suit was dismissed in 2022 for lack of proper service. (Id. ¶ 7.) On December 25, 2021, Eastman served Plaintiff with a contempt motion related to his failure to remove her name from the mortgage as required by the divorce decree. (Id. ¶ 8; P’s Depo. at 25:19-26:20.) On April 7, 2023, Plaintiff appeared in Westchester County Supreme Court, and he and Eastman entered into a settlement agreement under which Plaintiff agreed to either refinance or sell the condominium within 180 days. (Ds’ 56.1 Stmt. ¶ 9.) On May 1, 2023, the court so-ordered the transcript, and the Westchester County Clerk entered the settlement. (Id. ¶ 10.) The settlement order provided that if Plaintiff failed to modify, refinance

or pay off the mortgage by 5:00 p.m. on October 4, 2023, he would have to vacate the premises by 5:00 p.m. the following day. (Id. ¶ 11.) If he failed to do so, the settlement order entitled Eastman to have Plaintiff removed from the premises by law enforcement without further motion practice or court order. (Id. ¶ 12; ECF No. 57-3 (“Eviction Order”) at 4-5.)5

4 Plaintiff testified that because the loan servicer wrongly included Eastman’s name on the mortgage, he believed that he was no longer obligated to pay the mortgage. (See ECF No. 57-4 (“P’s Depo.”) at 24:17-25:13.) 5 Excluding deposition transcripts, which are cited according to the page numbers on the transcript, all citations to exhibits refer to page numbers generated by the Court’s Electronic Case Filing (“ECF”) system. Plaintiff, however, did not modify, refinance or pay off the mortgage, nor did he vacate the premises by the October 5, 2023 deadline. (Ds’ 56.1 Stmt. ¶¶ 13-14.) 6 On February 7, 2024, Justice James L. Hyer of the Westchester County Supreme Court ordered that Plaintiff be forcibly removed from the premises pursuant to the settlement agreement. (Id. ¶¶ 15-17.) The order also prohibited the condominium’s Homeowners Association and management company

from interfering with law enforcement’s removal of Plaintiff from the premises or preventing Eastman from accessing the premises. (Id. ¶ 17.) After receiving the order in court, Plaintiff went to the Westchester County Sheriff’s Office, which referred him to the New Rochelle City Marshal’s Office. (Id. ¶ 18.) Plaintiff spoke with Marshal Wil Ortiz, who told Plaintiff that he was unfamiliar with the case, as it was not yet on his docket. (Id. ¶ 19.) On March 1, 2024, Ortiz placed a notice on Plaintiff’s door notifying him that he had until 9:30 a.m. on March 4, 2024 to vacate the premises and that all personal belongings left inside the apartment would be removed. (Id. ¶¶ 21-22.) At that time, Plaintiff was still living at the premises in contravention of Justice Hyer’s order. (Id. ¶ 23.) After receiving the notice from

Ortiz on March 1, Plaintiff electronically filed an order to show cause attempting to challenge the eviction order, but the Supreme Court denied his application. (Id. ¶¶ 25-26.) By March 3, 2024, Plaintiff had removed all of his belongings from the apartment except for a hotel cart full of items. (Id. ¶ 29.) That day, Plaintiff spoke to a member of the board of the

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Christopher M. Mongiello v. City of New Rochelle, et al., (S.D.N.Y. 2026).

Christopher M. Mongiello v. City of New Rochelle, et al. (Christopher M. Mongiello v. City of New Rochelle, et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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