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LLC v. Sova Merritt, LLC

Superior Court of Connecticut, Judicial District of Ansonia-Milford, Milford

October 28, 2015

MSCI 2007-HQ13 Merritt Crossing, LLC
v.
Sova Merritt, LLC et al

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

John W. Moran, Judge Trial Referee.

MSCI 2007-HQ13 Merritt Crossing, LLC, hereinafter plaintiff, moves for summary judgment as to liability only against SOVA Merritt LLC, hereinafter defendant, and Abraham Poznanski.[1]

The plaintiff alleges that the defendant executed a certain promissory note dated October 11, 2007 in the principal amount of $20, 000, 000.00 in favor of Nomura Credit & Capital Inc. The promissory note was secured by a first mortgage in the amount of $21, 300, 000.00 on certain real estate in Milford, Connecticut, on Wheelers Farms Road.

Said promissory note in the original principal amount was split into two notes: " Note A" in the principal amount of $19, 000, 000.00 and " Note B" in the principal amount of $1, 000, 000.00. The plaintiff alleges that the defendant is in default in payment of " Note A, " which precipitates a default under " Note B." The defendant has been notified of such default but has failed to cure such default. The plaintiff has elected to accelerate the terms of the notes.

Through a series of allonges and/or assignments, the plaintiff is the legally rightful party to bring this action.

Michael Nichola, duly authorized affiant, has furnished true and accurate copies of the following:

1. Original Note in the principal amount of $20, 000, 000.00;

2. " Note A" in the principal amount of $19, 000, 000.00, together with valid and legal allonges;

3. " Note B" in the principal amount of $1, 000, 000.00;

4. Mortgage dated October 11, 2007 together with valid and legal assignments;

5. Notice of Default, Demand and Acceleration of the Promissory Notes.

According to Practice Book § 17.49, " summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."

The essential elements to a foreclosure action are that the obligor must have executed the note(s) at issue, the plaintiff must be the holder of the note and mortgage (or entitled to sue thereunder) ...


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