Penthouse w/ Terraces
UCC Foreclosure Auction
March 2, 2022 at 9:30 am
45 East 66th Street, Unit PHAB
Manhattan, NY 10065
Duplex Penthouse with Expansive Terraces
45 East 66th Street, PHAB, Lenox Hill, Manhattan
- 1835 shares of capital stock of 45 East 66th Owners Corp. and appurtenant to 45 East 66th Street, PHAB, New York, New York 10065
- Description of PHAB (Access Unavailable – Sourced from online websites and Not Represented to be Accurate)
- 4,000+ Sq Ft of Living Area
- 3,400+ Sq Ft of Outdoor Terraces
- 4-5 Bedrooms
- 4.5 Bathrooms
- PLEASE TAKE NOTICE, that, in accordance with applicable provisions of the New York State Uniform Commercial Code (the “Code”), including, without limitation, Sections 9-604(e) and 9-610(a) of the Code, Rock Harbor Capital, LLC, a Delaware limited liability company (“Secured Party”), by Richard B. Maltz, DCA# 1240836 or David A. Constantino, DCA# 1424944 (“Auctioneer”), will offer for sale, at public auction, those certain 1835 shares of capital stock of 45 East 66th Owners Corp. issued to David J. Mitchell (“Borrower”) and appurtenant to 45 East 66th Street, PHAB, New York, New York 10065 (the “Shares”), and the related Proprietary Lease dated July 24, 2013 between Borrower and 45 East 66th Owners Corp. (the “Lease”, and together with the Shares, collectively, the “Collateral”). The public auction will be held in person at the offices of Pryor Cashman LLP, 7 Times Square, New York, New York and online by desktop bidding at RemoteBidding.MaltzAuctions.com on March 2, 2022 at 9:30 a.m. (Eastern Time) (the “Sale Date”). All bidders must pre-register via Maltz Auction’s online bidding app (Maltz Auctions), available for download via the App Store or Google Play, by no later than March 1, 2022, at 9:30 a.m. (Eastern Time). Any bidder intending to appear in person at the offices of Pryor Cashman LLP (the “Offices”) must also contact Marie P. Hofsdal, Esq. by email at [email protected], by no later than March 1, 2021, at 9:30 a.m. (Eastern Time) to obtain access to the Offices. In addition, all bidders intending to appear in person must be prepared to show a government issued ID and may be required to follow certain COVID protocols then in effect, including completing a wellness check, providing proof of vaccination and wearing a mask while inside the Offices.
- The Collateral is being offered as a single lot, “as-is, where-is”, with no express or implied warranties, representations, statements or conditions of any kind made by the Secured Party or any person acting for or on behalf of the Secured Party, without any recourse whatsoever to the Secured Party or any other person acting for or on behalf of the Secured Party. The Secured Party reserves the right to credit bid, set a minimum reserve price, reject any or all bids (including without limitation any bid that it deems to have been made by a bidder that is unable to satisfy the requirements imposed by the Secured Party upon prospective bidders in connection with the sale or to whom in the Secured Party’s sole judgment a sale may not lawfully be made) and terminate or adjourn the sale to another time, without further notice. Further information concerning the Collateral, the requirements for obtaining information and the terms and conditions of bidding on and sale of the Collateral can be obtained through Auctioneer at Maltz Auctions, 39 Windsor Place, Central Islip, NY 11722, 516-349-7022, [email protected]
- Secured Party reserves the right, on or prior to the sale, to withdraw all or any part of the Collateral from the sale for any reason whatsoever, to modify, waive or amend any terms or conditions of the sale and, if Secured Party deems appropriate, to reject any or all bids or to continue the sale to such time and place as Secured Party, in its sole and absolute discretion, may deem fit, or to cancel such sale. Additional or amended terms and conditions of the sale may be announced before or on the Sale Date, or any continued Sale Date.
- NEITHER THE COLLATERAL NOR ANY COMPONENT THEREOF HAS BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OR APPLICABLE STATE SECURITIES LAWS. THE COLLATERAL IS BEING ACQUIRED AS AN INVESTMENT FOR THE SUCCESSFUL BIDDER’S OWN ACCOUNT AND NOT WITH A VIEW TO THE SALE OR DISTRIBUTION THEREOF OR ANY COMPONENT THEREOF.
Upon Completion & Approval, Access will be provided to the Data Room
Bidder Qualification Deadline: Must comply with the Terms and Conditions of Sale by Tuesday, March 1, 2022 at 9:30 AM.
Auction Date & Time: Wednesday, March 2, 2022 at 9:30 AM.
Auction Location: Offices of Pryor Cashman LLP, 7 Times Square, New York, NY and Online through Maltz Auction’s Online Bidding App or on its Website http://www.Remotebidding.MaltzAuctions.com.
Bidding Protocol/Options: Pre-registered bidders may place bids as follows:
(1) Through Maltz Auction’s online bidding App, available for download from the Apple App Store or Google Play
(2) Through Maltz Auction’s website, http://www.Remotebidding.MaltzAuctions.com
(3) Live In-Person
Buyer’s Premium: A four (4%) percent Buyer’s Premium will be added to the Successful Bidder’s high bid to determine the contract price to be paid by the successful bidder.
You must be logged in to view Documents.
Have Questions? Get In Touch
You must be logged in to send an Auction Inquiry.
*Maltz Auctions, Inc. d/b/a Maltz Auctions is Acting as Marketing Agent
Richard B. Maltz, Licensed Real Estate Broker
Richard B. Maltz, Auctioneer DCA# 1240836
David A. Constantino, Auctioneer DCA# 1424944
These assets are being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either expressed or implied, concerning the asset is made by the Seller, Auction Company or any of their Agents. Maltz is acting exclusively as marketing agent for the Sellers. The information contained herein was derived from sources deemed reliable, but is not guaranteed. Most of the information provided has been obtained from third-party sources and has not been independently verified. It is the responsibility of the Buyer and/or Buyer’s Broker to determine the accuracy of all components of the sale and asset. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the Property, including without limitation, environmental and physical condition of the asset. All prospective bidders are urged to conduct their own due diligence prior to participating in the Public Auction.
Bid rigging is illegal and suspected violations will be reported to the Department of Justice for investigation and prosecution