Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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X
157EASTHOUSTONSTLLC,
. . . Index No. 560537/2018
IT,
-Plamtiff,
AFFIDAVIT OF JOSHUA
-against-
LEBEWOHL IN
SUPPORT OF
CALLE CATORCE, LLC. QUIMERA RESTAURANT
PLAINTIFF'S MOTION
GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND
FOR A DEFAULT
HECTOR SANZ,
JUDGMENT
-Defendants.
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â€â€â€â€â€â€ - — X
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss:
JOSHUA LEBEWOHL, being duly sworn and deposed. states the following:
1. I am an agent of Plaintiff 157 East Houston St. LLC. I am fully familiar with the facts and
circumstances of the action, and I have personal knowledge of the facts set forth herein. I
submit this affidavit in support of Plaintiff's motion for a default judgment.
2. I have read and reviewed the complaint filed in this action and know the contents thereof.
The same are true to my knowledge, and hereby incorporate each and every allegation set
forth in the complaint as though fully set forth herein, except that Plaintiff does not know the
residence address of defendant Hector Sanz.
3. I believe that the current business address for Hector Sanz is 81 Greenwich Ave, New York,
NY, 10014. The basis for this belief are the records maintained by the New York State
Liquor Authority annexed hereto as Exhibit A. showing that Hector Sanz operates the
Quimera Restaurant Group LLC at that address. Furthermore. annexed as Exhibit B isa
Defendants'
screenshot from the website at barracanyc.com/hector-sanz introducing Hector
Sanz and providing an address at 81 Greenwich Ave.
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FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018
4. Defendant Calle Catorce LLC entered into a lease with Plaintiff dated as of March 1, 2017
-'Lease"
(the "Lease") for the ground floor store located at 157 East Houston Street, New York, NY
"Premises"
(the "Premises"). A copy of the Lease is annexed hereto as Exhibit C. Defendant Hector Sanz
"Guaranty"
guaranteed the Lease by an agreement he signed on May 18, 2017 (the "Guaranty"), which is
annexed hereto as Exhibit D.
5. In August, 2017, Plaintiff initiated a summary proceeding of nonpayment against Calle
Catorce LLC with index number LT-070806/17 in the Civil Court of the City of New York,
County of New York. The summary proceeding was settled by a stipulation of settlement
dated October 19, 2017, a copy of which is annexed hereto as Exhibit E.
6. Calle Catorce LLC surrendered the Premises on or about November 7, 2017. While vacating
the Premises, Defendants removed furniture. fixtures, trade fixtures, and other property from
the Premises that belonged to the Landlord. Defendants even removed the heating system
that served the Premises. Significant damage was inflicted upon the Premises due to
Defendants'
careless and negligent removal of the furniture. fixtures, and trade fixtures.
Defendants did not repair the damage caused to the Premises by the removal of the furniture,
fixtures, and trade fixtures. By the acts and omissions set forth above, and described in the
complaint, Defendants breached the Lease and the Guaranty.
7. I am responsible for maintaining the records for the Plaintiff, and I have the authority to
make this certification. To the best of my knowledge, after reasonable inquiry, the copies of
the records annexed as Exhibit F are a full, complete, and accurate set of the rent ledgers for
Defendants'
the account in relation to the Lease at issue in this action. The rent ledgers were
made by the personnel or staff of the Plaintiff, or persons acting under their control, in the
regular course of business, at the time of the act, transaction, occurrence or event recorded
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FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018
therein, or within a reasonable time thereafter, and that itwas the regular course of business
to make such records.
8. As set forth in the rent ledger, Defendants now owe Plaintiff the amount of $206,535.96,
with interest from December l. 2017.
9. No previous application has been made before any court or tribunal for the relief requested
herein.
YOSHUA LEBEW HL
Sworn to before me this Ò·¤
day of April, 2018
Notar-ylublic
TEPRY A. WACHTEL
i. 'i~. of New York
F c i .. Ste.±é
Notary G1WA4P19186
ido.
Expires February 28, 20+
Commission
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Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------- ------- ———-- ————-- X 157EASTHOUSTONSTLLC, . . . Index No. 560537/2018 IT, -Plamtiff, AFFIDAVIT OF JOSHUA -against- LEBEWOHL IN SUPPORT OF CALLE CATORCE, LLC. QUIMERA RESTAURANT PLAINTIFF'S MOTION GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND FOR A DEFAULT HECTOR SANZ, JUDGMENT -Defendants. ----------------------------------------------------------------------- â€â€â€â€â€â€ - — X STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: JOSHUA LEBEWOHL, being duly sworn and deposed. states the following: 1. I am an agent of Plaintiff 157 East Houston St. LLC. I am fully familiar with the facts and circumstances of the action, and I have personal knowledge of the facts set forth herein. I submit this affidavit in support of Plaintiff's motion for a default judgment. 2. I have read and reviewed the complaint filed in this action and know the contents thereof. The same are true to my knowledge, and hereby incorporate each and every allegation set forth in the complaint as though fully set forth herein, except that Plaintiff does not know the residence address of defendant Hector Sanz. 3. I believe that the current business address for Hector Sanz is 81 Greenwich Ave, New York, NY, 10014. The basis for this belief are the records maintained by the New York State Liquor Authority annexed hereto as Exhibit A. showing that Hector Sanz operates the Quimera Restaurant Group LLC at that address. Furthermore. annexed as Exhibit B isa Defendants' screenshot from the website at barracanyc.com/hector-sanz introducing Hector Sanz and providing an address at 81 Greenwich Ave. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018 4. Defendant Calle Catorce LLC entered into a lease with Plaintiff dated as of March 1, 2017 -'Lease" (the "Lease") for the ground floor store located at 157 East Houston Street, New York, NY "Premises" (the "Premises"). A copy of the Lease is annexed hereto as Exhibit C. Defendant Hector Sanz "Guaranty" guaranteed the Lease by an agreement he signed on May 18, 2017 (the "Guaranty"), which is annexed hereto as Exhibit D. 5. In August, 2017, Plaintiff initiated a summary proceeding of nonpayment against Calle Catorce LLC with index number LT-070806/17 in the Civil Court of the City of New York, County of New York. The summary proceeding was settled by a stipulation of settlement dated October 19, 2017, a copy of which is annexed hereto as Exhibit E. 6. Calle Catorce LLC surrendered the Premises on or about November 7, 2017. While vacating the Premises, Defendants removed furniture. fixtures, trade fixtures, and other property from the Premises that belonged to the Landlord. Defendants even removed the heating system that served the Premises. Significant damage was inflicted upon the Premises due to Defendants' careless and negligent removal of the furniture. fixtures, and trade fixtures. Defendants did not repair the damage caused to the Premises by the removal of the furniture, fixtures, and trade fixtures. By the acts and omissions set forth above, and described in the complaint, Defendants breached the Lease and the Guaranty. 7. I am responsible for maintaining the records for the Plaintiff, and I have the authority to make this certification. To the best of my knowledge, after reasonable inquiry, the copies of the records annexed as Exhibit F are a full, complete, and accurate set of the rent ledgers for Defendants' the account in relation to the Lease at issue in this action. The rent ledgers were made by the personnel or staff of the Plaintiff, or persons acting under their control, in the regular course of business, at the time of the act, transaction, occurrence or event recorded 2 2 of 3 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:36 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/01/2018 therein, or within a reasonable time thereafter, and that itwas the regular course of business to make such records. 8. As set forth in the rent ledger, Defendants now owe Plaintiff the amount of $206,535.96, with interest from December l. 2017. 9. No previous application has been made before any court or tribunal for the relief requested herein. YOSHUA LEBEW HL Sworn to before me this Ò·¤ day of April, 2018 Notar-ylublic TEPRY A. WACHTEL i. 'i~. of New York F c i .. Ste.±é Notary G1WA4P19186 ido. Expires February 28, 20+ Commission 3 3 of 3