On August 01, 2022 a
Clerk Notice
was filed
involving a dispute between
Exrp 14 Holdings Llc,
and
Ls-14 Ave Llc,
for Commercial - Business Entity - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
Exhibit I
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
LS-14 AVE LLC
c/o Landsea Homes, 413 West 14thSt, Suite200
New York, New York 10014
July 1, 2022
VIA EMAIL AND OVERNIGHT DELIVERY
EXRP 14 Holdings LLC
c/o Extell Development Company
76
805 Third Avenue, Floor
New York, New York 10022
Attention: Abba Barnett
Email: abarnett@extell.com
Re:
Dear Abba:
Seller is in receipt of the Purchaser Response and this letter constitutes Seller's
response thereto.
Seller reasserts that it has timely satisfied all conditions to Closin
|
Seller rejects each and every assertion in the Purchaser
Response t at con itions to Closing are not satisfied. Seller re ects the assertion in the
Purchaser Response that Seller is in default .
Contrary to Purchaser's assertions in the Purchaser Re 1se.
Accordinalv. Seller hereby reconfirms that Closing shall occur at 10:00am S on
Ju 02
ACTIVE 65960790v4
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
Seller reserves all of its rights and remedies afforded to Seller
and as are available in law or in equity.
[Signature Page to Follow]
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
Sincerely yours,
LS-14 AVE LLC,
a Delaware limited liability company
By: ___________________________________
Name: Jed Lowry
Title: Senior Vice President
cc: Herrick Feinstein, LLP
2 Park Avenue
New York, New York 10016
Attention: Sheldon Chanales, Esq.;
Email: schanales@herrick.com
Stein Adler Dabah Zelkowitz LLP
1633 Broadway, 46th Floor
New York, New York 10019
Attention: Joshua Zelkowitz, Esq.;
Adam J. Stein, Esq.
Email: jzelkowitz@steinadlerlaw.com;
astein@steinadlerlaw.com
[Signature Page Seller Response]
ACTIVE 65960790v4
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
Exhibit A
Certificate of Completion
[see attached]
ACTIVE 65960790v4
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022
LS-14 AVE LLC Dear Sir or Madam,
c/o Landsea Homes
413 W 14th Street Based on MA’s site observation on June 14, 2022 the Retail Unit in the
New York, NY 10014 referenced address has been completed to the best of our knowledge in
accordance with the contract documents including the recently
06.14.22 approved NYC Building Dept approved PAA dated June 09, 2022, all
applicable code requirements, and provides the stubbed connections for
Re: water and sewer for permanent use consistent with ‘white box’ retail
540 6th Ave space. We understand that the storefront doors will be completed as a
NB#121204801, Block 816, post-closing obligation.
Lot 1
MA Opinion of Retail Unit The above representations are limited to the matters stated herein and
Completion Status are not intended as a guarantee or warranty of the physical condition of
the construction or property, or that construction, ministerial and other
acts will be carried out.
Sincerely,
Morris Adjmi, FAIA
Morris Adjmi Architects ma.com
Document Filed Date
August 01, 2022
Case Filing Date
August 01, 2022
Category
Commercial - Business Entity - Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 Exhibit I FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 LS-14 AVE LLC c/o Landsea Homes, 413 West 14thSt, Suite200 New York, New York 10014 July 1, 2022 VIA EMAIL AND OVERNIGHT DELIVERY EXRP 14 Holdings LLC c/o Extell Development Company 76 805 Third Avenue, Floor New York, New York 10022 Attention: Abba Barnett Email: abarnett@extell.com Re: Dear Abba: Seller is in receipt of the Purchaser Response and this letter constitutes Seller's response thereto. Seller reasserts that it has timely satisfied all conditions to Closin | Seller rejects each and every assertion in the Purchaser Response t at con itions to Closing are not satisfied. Seller re ects the assertion in the Purchaser Response that Seller is in default . Contrary to Purchaser's assertions in the Purchaser Re 1se. Accordinalv. Seller hereby reconfirms that Closing shall occur at 10:00am S on Ju 02 ACTIVE 65960790v4 FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 Seller reserves all of its rights and remedies afforded to Seller and as are available in law or in equity. [Signature Page to Follow] FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 Sincerely yours, LS-14 AVE LLC, a Delaware limited liability company By: ___________________________________ Name: Jed Lowry Title: Senior Vice President cc: Herrick Feinstein, LLP 2 Park Avenue New York, New York 10016 Attention: Sheldon Chanales, Esq.; Email: schanales@herrick.com Stein Adler Dabah Zelkowitz LLP 1633 Broadway, 46th Floor New York, New York 10019 Attention: Joshua Zelkowitz, Esq.; Adam J. Stein, Esq. Email: jzelkowitz@steinadlerlaw.com; astein@steinadlerlaw.com [Signature Page Seller Response] ACTIVE 65960790v4 FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 Exhibit A Certificate of Completion [see attached] ACTIVE 65960790v4 FILED: NEW YORK COUNTY CLERK 08/01/2022 10:58 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/01/2022 LS-14 AVE LLC Dear Sir or Madam, c/o Landsea Homes 413 W 14th Street Based on MA’s site observation on June 14, 2022 the Retail Unit in the New York, NY 10014 referenced address has been completed to the best of our knowledge in accordance with the contract documents including the recently 06.14.22 approved NYC Building Dept approved PAA dated June 09, 2022, all applicable code requirements, and provides the stubbed connections for Re: water and sewer for permanent use consistent with ‘white box’ retail 540 6th Ave space. We understand that the storefront doors will be completed as a NB#121204801, Block 816, post-closing obligation. Lot 1 MA Opinion of Retail Unit The above representations are limited to the matters stated herein and Completion Status are not intended as a guarantee or warranty of the physical condition of the construction or property, or that construction, ministerial and other acts will be carried out. Sincerely, Morris Adjmi, FAIA Morris Adjmi Architects ma.com