Preview
FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------- -- ----------------------------------x
11 WEST 126TH STREET LENDER 1 Index No. 850027/2018
LLC,
(Bluth, J.)
(Mot. Seq. No. 1)
Plaintiff,
against
REPLY AFFIRMATION OF
MICHAEL J. BONNEVILLE IN
11 WEST 126TH HOLDINGS LLC,
FURTHER SUPPORT OF
RAVINDRANATH SURIA, xxxxx xxxxxxxxx,
MOTION FOR SUMMARY
11 WEST 126TH STREET LENDER 2 LLC, NEW
JUDGMENT
YORK CITY ENERGY EFFICIENCY
CORPORATION and "JOHN DOE #1 through
JOHN DOE #12", the last twelve names being
fictitious and unknown to Plaintiff, the persons or
parties intended being the tenants, occupants, persons
or corporations, if any, having or claiming an interest
upon the Property described in the Complaint,
Defendants.
-------------------------- ----------------------------x
MICHAEL J. BONNEVILLE, an attorney duly admitted to practice law before the courts
of the State of New York, affirms the following under penalty of perjury:
1. I am a partner with the law firm Kriss & Feuerstein LLP, the attorneys for the
126u¹
Plaintiff 11 West Street Lender 1 LLC (the "Plaintiff"), and I am fully familiar with allthe
pleadings and proceedings heretofore had in the instant foreclosure action. Kriss & Feuerstein
LLP also served (until the disecrainnance of the matter as against Plaintiff) as attorneys for
Plaintiff in a separate action commenced by defendant New York City Energy Efficiency
Corporation ("NYCEEC") in this Court on August 14, 2017 and captioned New York City Energy
Efficiency Corporation v Ravindranath Suria, et al. (Index No. 655339/2017) (the "NYCEEC
Action"), and I am also fully familiar with all the pleadings and proceedings heretofore had in the
NYCEEC Action.
1
1 of 4
FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019
2. I submit this Reply Affirmation in response to the factual assertions made by
126* ("Suria"
defendants 11 West Holdings LLC ("Borrower") and Ravindranath Suria and
together with Borrower, "Defendants") in their Memorandum of Law in opposition ("Opposition
Memorandum"
or "Opp. Mem.").
3. Defendants claim that in the NYCEEC Action, "NYCEEC claims that the mortgage
for the Premises was fraudulently conveyed to Plaintiff and NYCEEC seeks that the court return
the mortgage to it. Obviously, if NYCEEC was to succeed in the NYCEEC Action, Plaintiff's
- - apart"
claims in this action would like a house of cards in a breeze immediately crumble (Opp.
Mem., pg. 2).
4. This is false. By Stipulation of Discontinuance dated February 15, 2019 and
electronically filed in the NYCEEC Action on February 20, 2019 ("Stipulation of
Discontinuance") (emphasis added), NYCEEC stipulated and agreed that,
[T]his action and all claims asserted herein by plaintiff New York City Energy
126th
Efficiêñcy Corporation against Defendants 11 West Street Lender 1 LLC and 11
126*
West Street Lender 2 LLC only are hereby discontinued with prejudice and
without costs to or against any party.
A true and correct of the Stipulation of Discontinuance is annexed hereto as Exhibit "A".
. .
5. To reiterate, NYCEEC has discontinued its fraudulent conveyance claims as
against Plaintiff with prejudice. NYCEEC is not seeking "that the court return [Plaintiff's]
it"
mortgage to (Opp. Mem., pg 2). Furthermore, if NYCEEC were to succeed on itsclaims in the
NYCEEC Action - none of which are against Plaintiff as evidenced the Stipulation of
by
Discontinuance, itwould not invalidate the subject mortgage nor would itpreclude Plaintiff from
succeeding on its claims herein.
2
2 of 4
FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019
WHEREFORE, I respectfully request that this Court enter an Order: (a) granting Plaintiff
summary judgment for the relief demañded in the Complaint against Defendants and xxxxx
xxxxxxxxx pursuant to CPLR § 3212; (b) granting Plaintiff default judgmcat against non-answering
1
defendâñts 11 West 126 Street Lender 2 LLC, New York City Energy Efficiency Corporation
pursuant to CPLR § 3215[a]; (c) discontinuing this action solely as against defendants "John Doe
#1"
through "John Doe #12", amending the caption to remove their names, and deleting the
language appearing thereafter; (d) appointing a referee to ascertain and compute the amount due
to Plaintiff on the note and mortgage upon which this action is brought and to ex amine and report
whether the mortgaged property can be sold in one or more parcels pursuant to RPAPL § 1321;
and (e) granting such other and further relief to Plaintiff as this Court deems just and proper.
Dated: New York, New York
June 27, 2019
MICHAE / J BONNEVILLE
3
3 of 4
FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019
ATTORNEY CERTIFICATION
PURSUANT TO
22 NYCRR 130-1.1a
Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the
courts of New York State, certifies that upon information and belief, and after reasonable inquiry
the contentions contained in the annexed document(s) are not frivolous.
Dated: New York, New York
June 27, 2019
MICHAEL BONNEVILLE
4
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------- -- ----------------------------------x 11 WEST 126TH STREET LENDER 1 Index No. 850027/2018 LLC, (Bluth, J.) (Mot. Seq. No. 1) Plaintiff, against REPLY AFFIRMATION OF MICHAEL J. BONNEVILLE IN 11 WEST 126TH HOLDINGS LLC, FURTHER SUPPORT OF RAVINDRANATH SURIA, xxxxx xxxxxxxxx, MOTION FOR SUMMARY 11 WEST 126TH STREET LENDER 2 LLC, NEW JUDGMENT YORK CITY ENERGY EFFICIENCY CORPORATION and "JOHN DOE #1 through JOHN DOE #12", the last twelve names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest upon the Property described in the Complaint, Defendants. -------------------------- ----------------------------x MICHAEL J. BONNEVILLE, an attorney duly admitted to practice law before the courts of the State of New York, affirms the following under penalty of perjury: 1. I am a partner with the law firm Kriss & Feuerstein LLP, the attorneys for the 126u¹ Plaintiff 11 West Street Lender 1 LLC (the "Plaintiff"), and I am fully familiar with allthe pleadings and proceedings heretofore had in the instant foreclosure action. Kriss & Feuerstein LLP also served (until the disecrainnance of the matter as against Plaintiff) as attorneys for Plaintiff in a separate action commenced by defendant New York City Energy Efficiency Corporation ("NYCEEC") in this Court on August 14, 2017 and captioned New York City Energy Efficiency Corporation v Ravindranath Suria, et al. (Index No. 655339/2017) (the "NYCEEC Action"), and I am also fully familiar with all the pleadings and proceedings heretofore had in the NYCEEC Action. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019 2. I submit this Reply Affirmation in response to the factual assertions made by 126* ("Suria" defendants 11 West Holdings LLC ("Borrower") and Ravindranath Suria and together with Borrower, "Defendants") in their Memorandum of Law in opposition ("Opposition Memorandum" or "Opp. Mem."). 3. Defendants claim that in the NYCEEC Action, "NYCEEC claims that the mortgage for the Premises was fraudulently conveyed to Plaintiff and NYCEEC seeks that the court return the mortgage to it. Obviously, if NYCEEC was to succeed in the NYCEEC Action, Plaintiff's - - apart" claims in this action would like a house of cards in a breeze immediately crumble (Opp. Mem., pg. 2). 4. This is false. By Stipulation of Discontinuance dated February 15, 2019 and electronically filed in the NYCEEC Action on February 20, 2019 ("Stipulation of Discontinuance") (emphasis added), NYCEEC stipulated and agreed that, [T]his action and all claims asserted herein by plaintiff New York City Energy 126th Efficiêñcy Corporation against Defendants 11 West Street Lender 1 LLC and 11 126* West Street Lender 2 LLC only are hereby discontinued with prejudice and without costs to or against any party. A true and correct of the Stipulation of Discontinuance is annexed hereto as Exhibit "A". . . 5. To reiterate, NYCEEC has discontinued its fraudulent conveyance claims as against Plaintiff with prejudice. NYCEEC is not seeking "that the court return [Plaintiff's] it" mortgage to (Opp. Mem., pg 2). Furthermore, if NYCEEC were to succeed on itsclaims in the NYCEEC Action - none of which are against Plaintiff as evidenced the Stipulation of by Discontinuance, itwould not invalidate the subject mortgage nor would itpreclude Plaintiff from succeeding on its claims herein. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019 WHEREFORE, I respectfully request that this Court enter an Order: (a) granting Plaintiff summary judgment for the relief demañded in the Complaint against Defendants and xxxxx xxxxxxxxx pursuant to CPLR § 3212; (b) granting Plaintiff default judgmcat against non-answering 1 defendâñts 11 West 126 Street Lender 2 LLC, New York City Energy Efficiency Corporation pursuant to CPLR § 3215[a]; (c) discontinuing this action solely as against defendants "John Doe #1" through "John Doe #12", amending the caption to remove their names, and deleting the language appearing thereafter; (d) appointing a referee to ascertain and compute the amount due to Plaintiff on the note and mortgage upon which this action is brought and to ex amine and report whether the mortgaged property can be sold in one or more parcels pursuant to RPAPL § 1321; and (e) granting such other and further relief to Plaintiff as this Court deems just and proper. Dated: New York, New York June 27, 2019 MICHAE / J BONNEVILLE 3 3 of 4 FILED: NEW YORK COUNTY CLERK 06/27/2019 03:05 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 06/27/2019 ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1a Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief, and after reasonable inquiry the contentions contained in the annexed document(s) are not frivolous. Dated: New York, New York June 27, 2019 MICHAEL BONNEVILLE 4 4 of 4