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Revere Credit Opportunities Fund Iii, Lp v. Jeffrey Kaye
On February 19, 2020 a commercial - contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of New York County. Judge Nancy M. Bannon presiding.
Case Details
Case Number
Filing Date
February 19, 2020
Last Refreshed
October 11, 2023
Filing Location
New York County, NY
Filing Court House
New York County Supreme Court
Category
Commercial - Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Consolidation
Overview
This is an action on two guaranties, a Recourse Guaranty Agreement and a
Repayment Guaranty Agreement (referred to collectively herein as the “Guaranties”), which both
guaranty the performance and payment of a Term Loan and Security Agreement dated
November 9, 2018 by and between 16E18 Stone LLC (the “Borrower”) and Plaintiff in the
original principal amount of $23,500,000.00 (the “Loan”). As described to follow, Guarantor
obtained the loan via fraud, and so is personally liable for all amounts due thereon.
Causes of Action
1. BREACH OF RECOURSE GUARANTY AGREEMENT
2. BREACH OF REPAYMENT GUARANTY AGREEMENT
3. LEGAL COSTS AND FEES
Parties
Plaintiffs
Revere Credit Opportunities Fund Iii, Lp
Attorneys for Plaintiffs
Jamberdino, Kristin M
(NIXON PEABODY LLP)
Defendants
Jeffrey Kaye
Case Documents
ORDER - OTHER (NON-MOTION)
Date: Mar 06, 2023
DECISION ORDER ON MOTION
Date: Jul 19, 2021
NOTICE OF ENTRY
Date: Jul 19, 2021
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Jul 19, 2021
EXHIBIT(S) - A (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-2 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-1 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - B (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-5 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-3 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-4 (Motion 001)
Date: Mar 12, 2021
AFFIDAVIT OF FACTS (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-6 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-8 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - H (Motion 001)
Date: Mar 12, 2021
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - G (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - F (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - E (Motion 001)
Date: Mar 12, 2021
NOTICE OF MOTION (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - K (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - D-7 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - 1 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - 2 (Motion 001)
Date: Mar 12, 2021
EXHIBIT(S) - 3 (Motion 001)
Date: Mar 12, 2021
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Mar 12, 2021
ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Mar 12, 2021
ORDER ( PROPOSED ) (Motion 001)
Date: Mar 12, 2021
RJI -RE: NOTICE OF MOTION
Date: Mar 12, 2021
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Feb 28, 2020
COMPLAINT
Date: Feb 19, 2020
EXHIBIT(S) - B
Date: Feb 19, 2020
EXHIBIT(S) - A
Date: Feb 19, 2020
EXHIBIT(S) - C
Date: Feb 19, 2020
EXHIBIT(S) - G-6
Date: Feb 19, 2020
EXHIBIT(S) - G-7
Date: Feb 19, 2020
EXHIBIT(S) - L
Date: Feb 19, 2020
EXHIBIT(S) - E
Date: Feb 19, 2020
EXHIBIT(S) - K
Date: Feb 19, 2020
EXHIBIT(S) - I
Date: Feb 19, 2020
EXHIBIT(S) - H
Date: Feb 19, 2020
EXHIBIT(S) - J
Date: Feb 19, 2020
EXHIBIT(S) - D
Date: Feb 19, 2020
SUMMONS
Date: Feb 19, 2020
EXHIBIT(S) - G-4
Date: Feb 19, 2020
EXHIBIT(S) - F
Date: Feb 19, 2020
EXHIBIT(S) - G-1
Date: Feb 19, 2020
EXHIBIT(S) - G-3
Date: Feb 19, 2020
EXHIBIT(S) - G-5
Date: Feb 19, 2020
EXHIBIT(S) - G-2
Date: Feb 19, 2020Case Events
| Date | Type | Description | |
|---|---|---|---|
| March 06, 2023 |
ORDER - OTHER (NON-MOTION) CASE DISPOSED |
||
| July 19, 2021 | DECISION + ORDER ON MOTION | ||
| July 19, 2021 | NOTICE OF ENTRY | ||
| July 19, 2021 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affidavit of Service |
||
| March 12, 2021 |
EXHIBIT(S) - A (Motion #001) Amended, Restated and Consolidated Term Note |
||
| March 12, 2021 |
EXHIBIT(S) - D-2 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 3 |
||
| March 12, 2021 |
EXHIBIT(S) - D-1 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 2 |
||
| March 12, 2021 |
EXHIBIT(S) - B (Motion #001) Recourse Guaranty Agreement |
||
| March 12, 2021 |
EXHIBIT(S) - D-5 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 6 |
||
| March 12, 2021 |
EXHIBIT(S) - D-3 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 4 |
||
| March 12, 2021 |
EXHIBIT(S) - D-4 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 5 |
||
| March 12, 2021 |
AFFIDAVIT OF FACTS (Motion #001) Fisher Affidavit of Facts in Support of Motion for Default Judgment |
||
| March 12, 2021 |
EXHIBIT(S) - D-6 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 7 |
||
| March 12, 2021 |
EXHIBIT(S) - D-8 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. PH |
||
| March 12, 2021 |
EXHIBIT(S) - H (Motion #001) 16E18 Hospitality LLC Master Lease Agreement |
||
| March 12, 2021 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Affirmation of Armando E. Batastini in Support of Motion for Default Judgment |
||
| March 12, 2021 |
EXHIBIT(S) - G (Motion #001) Term Loan and Security Agreement |
||
| March 12, 2021 |
EXHIBIT(S) - F (Motion #001) Tenant Estoppel Certificate |
||
| March 12, 2021 |
EXHIBIT(S) - E (Motion #001) 2017.09.15 Master Lease Summary Terms |
||
| March 12, 2021 |
NOTICE OF MOTION (Motion #001) Notice of Motion for Default Judgment |
||
| March 12, 2021 |
EXHIBIT(S) - K (Motion #001) Request for Payoff - 18th St. NYC_03.01.21 |
||
| March 12, 2021 |
EXHIBIT(S) - D-7 (Motion #001) Standard Form of Fair Market Aprt. Lease - Apt. 8 |
||
| March 12, 2021 |
EXHIBIT(S) - 1 (Motion #001) Summons and Complaint with attachments |
||
| March 12, 2021 |
EXHIBIT(S) - 2 (Motion #001) Affidavit of Service of Complaint on J. Kaye |
||
| March 12, 2021 |
EXHIBIT(S) - 3 (Motion #001) J Kaye SCRA Verification Results 03-11-2021 |
||
| March 12, 2021 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affidavit of Service of Motion for Default Judgment and RJI w. Commercial Division Addendum |
||
| March 12, 2021 | ADDENDUM - COMMERCIAL DIVISION (840C) | ||
| March 12, 2021 |
ORDER ( PROPOSED ) (Motion #001) Proposed Judgment |
||
| March 12, 2021 | RJI -RE: NOTICE OF MOTION | ||
| March 12, 2021 |
EXHIBIT(S) - J (Motion #001) Notice of Acceleration |
||
| March 12, 2021 |
EXHIBIT(S) - I (Motion #001) Notice of Default and Reservation of Rights |
||
| March 12, 2021 |
EXHIBIT(S) - C (Motion #001) Repayment Guaranty Agreement |
||
| February 28, 2020 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service |
|
| February 19, 2020 | Docket Event |
COMPLAINT Verified Complaint |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - B Consolidation, Modification and Restatement of Mortgages |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - A Amended, Restated and Consolidated Term Note |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - C Assignment of Leases and Rents |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-6 Standard Form of Fair Market Aprt. Lease - Apt. 7 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-7 Standard Form of Fair Market Aprt. Lease - Apt. 8 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - L Notice of Acceleration |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - E Recourse Guaranty Agreement |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - K Notice of Default and Reservation of Rights |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - I Tenant Estoppel Certificate |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - H 2017.09.15 Master Lease Summary Terms |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - J 16E18 Hospitality LLC Master Lease Agreement |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - D Term Loan and Security Agreement |
|
| February 19, 2020 | Docket Event | Summons | |
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-4 Standard Form of Fair Market Aprt. Lease - Apt. 5 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - F Repayment Guaranty Agreement |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-1 Standard Form of Fair Market Aprt. Lease - Apt. 2 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-3 Standard Form of Fair Market Aprt. Lease - Apt. 4 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-5 Standard Form of Fair Market Aprt. Lease - Apt. 6 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-2 Standard Form of Fair Market Aprt. Lease - Apt. 3 |
|
| February 19, 2020 | Docket Event |
EXHIBIT(S) - G-8 Standard Form of Fair Market Aprt. Lease - Apt. PH |
