Miami Home LLC v. Ahmed

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

MIAMI HOME, LLC,

MEMORANDUM AND ORDER Plaintiff, Case No. 22-CV-1607 (FB) (JRC) -against-

SALMA AHMED, SHAH ALAM, CRIMINAL COURT OF THE CITY OF NEW YORK, CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION PARKING VIOLATIONS BUREAU, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, and TRANSIT ADJUDICATION BUREAU,

Defendants.

Appearances: For the Plaintiff: For the Defendants: ALAN H. WEINREB SALMA AHMED, pro se

Margolin, Weinreb & Nierer, LLP SHAH ALAM, pro se 165 Eileen Way, Suite 101 33-52 59th Street

Syosset, NY 11791 Woodside, NY 11377

BLOCK, Senior District Judge: Defendant-Borrowers Salma Ahmed and Shah Alam requested that the Court either set aside the Judgment of Foreclosure and Sale of their home pursuant to Federal Rule of Civil Procedure 60(b), or, in the alternative, grant them the opportunity to prepare a more formal motion and appear at a conference with the Court. During a telephone conference on August 23, 2023, the Court encouraged

the parties to reach a voluntary accommodation before the scheduled auction on August 24, 2023. However, after extensively discussing the possibility of reaching an accommodation, the parties were unable to reach an agreement. Having

considered the three legal factors to determine whether to vacate a default judgment, see Am. All. Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 59 (2d Cir. 1996), the Court finds no legal basis for setting aside the Judgment of Foreclosure and Sale. The Defendants’ request is denied.

SO ORDERED.

_/S/ Frederic Block____________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York August 23, 2023