HSBC Bank USA, N.A. v Hillman 2025 NY Slip Op 31979(U) June 3, 2025 Supreme Court, New York County Docket Number: Index No. 157146/2023 Judge: Ashlee Crawford 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: NEW YORK COUNTY CLERK 06/04/2025 12:42 P~ INDEX NO. 157146/2023 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/04/2025
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ASHLEE CRAWFORD PART 38M Justice ---------------------------------------------------------------------------------X INDEX NO. 157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, As TRUSTEE FOR WELLS FARGO ASSET SECURITIES MOTION DATE 08/15/2024 CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19, MOTION SEQ. NO. ---003 ---
Plaintiff,
- V - DECISION + ORDER ON RON HILLMAN, ROBERT BABAK PILTAN, and LKJ LC, MOTION
Defendants. -----------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 38, 39, 40, 41, 42, 43, 44, 45,46,47,48,49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60,61, 62, 63,64, 65, 66, 67, 68,69, 70, 71, 72, 73 were read on this motion to/for AL TERNA TE SERVICE
On July 17, 2023, plaintiff HSBC Bank USA, National Association, as trustee for Wells
Fargo Asset Securities Corporation, Mortgage Pass-through Certificates, Series 2006-ARl 9,
commenced this RP APL 1503 re-foreclosure action to compel the determination of claims to the
premises located at 350 West 42nd Street, Unit 35C, New York, New York (Block 1032, Lot
1340). Named as defendants are Ron Hillman, Robert Babak Piltan, and LKJ LC (NYSCEF
Docs. 1-3 ). 1
1 Plaintiff commenced a prior mortgage foreclosure action against the same premises under Index No. 850039/2015 (HSBC Bank USA, NA. v Susan Proctor, et al.). In that action, Ron Hillman was a named defendant, but was granted dismissal due to improper service (id. at NYSCEF Doc. 216). LKJ sought to intervene, but its motion was denied (id. at NYSCEF Docs. 335-368, 372). A judgment of foreclosure and sale was entered in the prior foreclosure action on April 29, 2021 (id at NYSCEF Doc. 323).
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 1 of 4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
[* 1] 1 of 4 [FILED: NEW YORK COUNTY CLERK 06/04/2025 12:42 P~ INDEX NO. 157146/2023 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/04/2025
By prior order dated July 11, 2024, the Court (Nock, J.) denied without prejudice to
renewal plaintiffs motion for alternate service by publication; to amend the caption; and for the
appointment of a guardian ad litem and military attorney due to missing exhibits and illegible
documents (NYSCEF Doc. 24, Motion Seq. 001).
Now, plaintiff moves anew for an order directing service by publication, the appointment
of a guardian ad ]item and military attorney, amending the caption, and granting a 120-day
extension to serve all defendants (NYSCEF Doc. No 38). The motion is unopposed.
Plaintiff asserts that it has been unable to locate and serve defendants Ron Hillman
("Hillman") and Robert Babak Piltan ("Piltan")(NYSCEF Doc. 40 ,r,r 6-7). Since plaintiff is
unsure whether Hillman and Piltan are living, plaintiff seeks to add as party defendants "those
persons who may have possibly acquired [Hillman and Piltan's] interest in the mortgaged
premises" (id., ,r 8); requests the appointment of a Guardian Ad Litem and Military Attorney for
possible "absentees, infants or incompetents of unknown successors in interest of defendants"
(id., ,r 11 ); and seeks leave to serve the foregoing by publication within an additional 120 days
( id., ,r 13 ). Plaintiff also claims it has been unable to serve defendant LKJ LC and requests an
additional 120 days to do so pursuant to CPLR § 306(b )(id., , 9). Finally, plaintiff seeks to add
PEOPLE OF THE STATE OF NEW YORK and UNITED STATES OF AMERICA as
defendants "by virtue of the possibility of unpaid estate taxes due upon'' Hillman and Piltan, and
to amend the caption accordingly (id., ,r 10).
Upon review of plaintiffs papers, its motion is GRANTED IN PART only to the extent
that the caption shall be amended to add defendants the People of the State of New York and
United States of America; and that plaintiff shall have a 120-day extension of time to serve all
defendants in the interest of justice (Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105
[2001]; Henneberry v Borstein, 91 AD3d 493,496 [1st Dept 2012]; CPLR § 306-b).
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 2 of4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
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The remainder of plaintiffs motion, seeking leave to serve process by publication and for
the appointment of a GAL, is DENIED. Plaintiff has failed to establish that service upon
defendants Hillman and Piltan is impracticable pursuant to CPLR § 308(1),(2) and (4), such that
service by publication would be warranted. Indeed, the Court's own records show that both
Hillman and Piltan are actively involved in litigation in a separate action in this Court (Robert
Babak Piltan v Ronald Hillman a/k/a Ron Hillman, Index No. 653934/2020). At a minimum, the
summons filed in that case reflects a Nevada address for Piltan (Index No. 653934/2020,
NYSCEF Doc. 1). Accordingly, it is
ORDERED that that part of plaintiff's motion seeking an extension of time to serve all
defendants is GRANTED, and plaintiff shall complete service within 120 days of entry of this
order; and it is further
ORDERED that that part of plaintiffs motion to amend the caption to add as party
defendants the People of the State of New York and the United States of America is GRANTED;
and it is further
ORDERED that the caption of this action is amended to read as follows: ----------------------------------------------------------------------x HSBC BANK USA, NATIONAL ASSOCIATION, AS Index No.: 157146/2023 TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTf F!CA TES, SERIES 2006-AR 19,
Plaintiff, -against- RON HILLMAN, ROBERT BA BAK PIL TAN, LKJ LC, PEOPLE OF THE ST ATE OF NEW YORK, and UNITED ST A TES OF AMERICA,
Defendants. ----------------------------------------------------------------------x ; and it is further
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 3 of 4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
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ORDERED that the remainder of plaintiffs motion, seeking leave to serve process by
publication upon defendants Ron Hillman and Robert Babak Piltan, and for the appointment of a
guardian ad litem and military attorney, is DENIED; and it is further
ORDERED that within 120 days of entry of this order, plaintiff shall file via NYSCEF
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HSBC Bank USA, N.A. v Hillman 2025 NY Slip Op 31979(U) June 3, 2025 Supreme Court, New York County Docket Number: Index No. 157146/2023 Judge: Ashlee Crawford 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: NEW YORK COUNTY CLERK 06/04/2025 12:42 P~ INDEX NO. 157146/2023 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/04/2025
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ASHLEE CRAWFORD PART 38M Justice ---------------------------------------------------------------------------------X INDEX NO. 157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, As TRUSTEE FOR WELLS FARGO ASSET SECURITIES MOTION DATE 08/15/2024 CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19, MOTION SEQ. NO. ---003 ---
Plaintiff,
- V - DECISION + ORDER ON RON HILLMAN, ROBERT BABAK PILTAN, and LKJ LC, MOTION
Defendants. -----------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 38, 39, 40, 41, 42, 43, 44, 45,46,47,48,49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60,61, 62, 63,64, 65, 66, 67, 68,69, 70, 71, 72, 73 were read on this motion to/for AL TERNA TE SERVICE
On July 17, 2023, plaintiff HSBC Bank USA, National Association, as trustee for Wells
Fargo Asset Securities Corporation, Mortgage Pass-through Certificates, Series 2006-ARl 9,
commenced this RP APL 1503 re-foreclosure action to compel the determination of claims to the
premises located at 350 West 42nd Street, Unit 35C, New York, New York (Block 1032, Lot
1340). Named as defendants are Ron Hillman, Robert Babak Piltan, and LKJ LC (NYSCEF
Docs. 1-3 ). 1
1 Plaintiff commenced a prior mortgage foreclosure action against the same premises under Index No. 850039/2015 (HSBC Bank USA, NA. v Susan Proctor, et al.). In that action, Ron Hillman was a named defendant, but was granted dismissal due to improper service (id. at NYSCEF Doc. 216). LKJ sought to intervene, but its motion was denied (id. at NYSCEF Docs. 335-368, 372). A judgment of foreclosure and sale was entered in the prior foreclosure action on April 29, 2021 (id at NYSCEF Doc. 323).
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 1 of 4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
[* 1] 1 of 4 [FILED: NEW YORK COUNTY CLERK 06/04/2025 12:42 P~ INDEX NO. 157146/2023 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/04/2025
By prior order dated July 11, 2024, the Court (Nock, J.) denied without prejudice to
renewal plaintiffs motion for alternate service by publication; to amend the caption; and for the
appointment of a guardian ad litem and military attorney due to missing exhibits and illegible
documents (NYSCEF Doc. 24, Motion Seq. 001).
Now, plaintiff moves anew for an order directing service by publication, the appointment
of a guardian ad ]item and military attorney, amending the caption, and granting a 120-day
extension to serve all defendants (NYSCEF Doc. No 38). The motion is unopposed.
Plaintiff asserts that it has been unable to locate and serve defendants Ron Hillman
("Hillman") and Robert Babak Piltan ("Piltan")(NYSCEF Doc. 40 ,r,r 6-7). Since plaintiff is
unsure whether Hillman and Piltan are living, plaintiff seeks to add as party defendants "those
persons who may have possibly acquired [Hillman and Piltan's] interest in the mortgaged
premises" (id., ,r 8); requests the appointment of a Guardian Ad Litem and Military Attorney for
possible "absentees, infants or incompetents of unknown successors in interest of defendants"
(id., ,r 11 ); and seeks leave to serve the foregoing by publication within an additional 120 days
( id., ,r 13 ). Plaintiff also claims it has been unable to serve defendant LKJ LC and requests an
additional 120 days to do so pursuant to CPLR § 306(b )(id., , 9). Finally, plaintiff seeks to add
PEOPLE OF THE STATE OF NEW YORK and UNITED STATES OF AMERICA as
defendants "by virtue of the possibility of unpaid estate taxes due upon'' Hillman and Piltan, and
to amend the caption accordingly (id., ,r 10).
Upon review of plaintiffs papers, its motion is GRANTED IN PART only to the extent
that the caption shall be amended to add defendants the People of the State of New York and
United States of America; and that plaintiff shall have a 120-day extension of time to serve all
defendants in the interest of justice (Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105
[2001]; Henneberry v Borstein, 91 AD3d 493,496 [1st Dept 2012]; CPLR § 306-b).
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 2 of4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
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The remainder of plaintiffs motion, seeking leave to serve process by publication and for
the appointment of a GAL, is DENIED. Plaintiff has failed to establish that service upon
defendants Hillman and Piltan is impracticable pursuant to CPLR § 308(1),(2) and (4), such that
service by publication would be warranted. Indeed, the Court's own records show that both
Hillman and Piltan are actively involved in litigation in a separate action in this Court (Robert
Babak Piltan v Ronald Hillman a/k/a Ron Hillman, Index No. 653934/2020). At a minimum, the
summons filed in that case reflects a Nevada address for Piltan (Index No. 653934/2020,
NYSCEF Doc. 1). Accordingly, it is
ORDERED that that part of plaintiff's motion seeking an extension of time to serve all
defendants is GRANTED, and plaintiff shall complete service within 120 days of entry of this
order; and it is further
ORDERED that that part of plaintiffs motion to amend the caption to add as party
defendants the People of the State of New York and the United States of America is GRANTED;
and it is further
ORDERED that the caption of this action is amended to read as follows: ----------------------------------------------------------------------x HSBC BANK USA, NATIONAL ASSOCIATION, AS Index No.: 157146/2023 TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTf F!CA TES, SERIES 2006-AR 19,
Plaintiff, -against- RON HILLMAN, ROBERT BA BAK PIL TAN, LKJ LC, PEOPLE OF THE ST ATE OF NEW YORK, and UNITED ST A TES OF AMERICA,
Defendants. ----------------------------------------------------------------------x ; and it is further
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 3 of 4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
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ORDERED that the remainder of plaintiffs motion, seeking leave to serve process by
publication upon defendants Ron Hillman and Robert Babak Piltan, and for the appointment of a
guardian ad litem and military attorney, is DENIED; and it is further
ORDERED that within 120 days of entry of this order, plaintiff shall file via NYSCEF
and serve on all defendants a supplemental summons, amended complaint, and amended notice
of pendency in a form consistent with this decision and order, together with a copy of this order
with notice of entry; and it is further
ORDERED that plaintiff shall serve a copy of this order with notice of entry upon the
County Clerk and the Clerk of the General Clerk's Office, who are directed to mark the Court's
records to reflect the defendants being added; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's
Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse
and County Clerk Procedures.for Electronically Filed Cases (accessible at the "E-Filing" page on
the court's website); and it is further
ORDERED that the Clerk of the Court shall calendar a control date of October 31, 2025
(no appearance required).
This constitutes the decision and order of the Court.
6/3/25 DATE
~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
157146/2023 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO Page 4 of 4 ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR19 vs. HILLMAN, RON ET AL Motion No. 003
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